Barber v. Lyon
New York Supreme Court
THIS action was commenced before a. justice of the peace of the county of Saratoga, to recover the price of a wagon, alleged to have been sold by the plaintiff to the defendant in the year 1853. The trial was by jury, and a verdict was found in favor of the defendant, and the justice rendered a judgment in his favor, for costs.
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THIS action was commenced before a. justice of the peace of the county of Saratoga, to recover the price of a wagon, alleged to have been sold by the plaintiff to the defendant in the year 1853. The trial was by jury, and a verdict was found in favor of the defendant, and the justice rendered a judgment in his favor, for costs. The plaintiff appealed to the county court of Saratoga, and the judge of that county having been the counsel for the defendant certified the appeal to this court. The defense as set Up in the answer, was that in February, 1853, one Grad. S. Miller was indebted to the…
1Opinion of the Court
By the Court, C. L. Allen, P. J.
The testimony in this cause shows conclusively, to my mind, that the plaintiff had agreed to make á wagon for one Miller; that Miller gave to the *625defendant an order upon the plaintiff for that wagon, which was accepted, and the wagon afterwards delivered upon it. There is some little obscurity about the terms of the order, owing to the difficulty of proving its exact reading, by parol. It was shown to be in the hands of the plaintiff, and he declined to produce it upon notice; and under these circumstances the inferences are to be taken, in connection with the…
2Cases cited2 opinions
- Clark v. MauranNew York Court of Chancery · 1831
- Bradley v. RootNew York Court of Chancery · 1836
3Cited by2 opinions
- United States Express Co. v. JenkinsWisconsin Supreme Court · 1889
- Kilpatrick v. DeanCity of New York Municipal Court · 1888