Sickels v. Pattison
New York Supreme Court
Error from the Warren common pleas. The plaintiffs sued Pattison in a justice’s court, and declared against him for work, labor and services, in transporting a quantity of flour, boards and plank, from Glen’s Falls in Warren county to the city of Troy.
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Error from the Warren common pleas. The plaintiffs sued Pattison in a justice’s court, and declared against him for work, labor and services, in transporting a quantity of flour, boards and plank, from Glen’s Falls in Warren county to the city of Troy. The defendant pleaded the general issue, and gave notice that on trial of the cause he would prove that the plaintiffs had agreed to transport for him a large quantity of lumber at a certain price, and had failed to perform, whereby he had sustained damage to the amount of $50. The justice rendered judgment in favor of the defendant for $36,74.…
1Opinion of the Court
*259 By the Court,
Nelson, J.
The testimony of Richards was sufficient proof of the contract between the plaintiffs and the defendant, as to the transportation of the lumber to market, to justify the court in submitting the fact to the jury. When the plaintiffs purchased the boats, they agreed to assume the contracts made by Richards, one of which was with the defendant; and they afterwards admitted that they had renewed them with the persons concerned.
The charge, however, of the court to the jury was erroneous. It assumed the principle, that if the contract was entire and not fulfilled by the…
2Cases cited1 opinion
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
3Cited by37 opinions
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Wolfe v. . HowesNew York Court of Appeals · 1859
- Jacobs v. SpaldingWisconsin Supreme Court · 1888
- Rodemer v. GonderCourt of Appeals of Maryland · 1850
- Smith v. CrosbyTexas Supreme Court · 1877
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