Legal Opinion

Reab v. McAlister

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1831PublishedCited by 78 opinions

Error from the supreme court. Reab sued McAlister in the common pleas of Washington county in an action of assumpsit. The declaration contained counts for goods sold and delivered generally, for a cooking stove and stove pipe sold and delivered, and a special count for a cooking stove sold the defendant at the price of $45, to be paid for in six months after delivery, which the plaintiff warranted to draw and carry ' smoke well.

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Error from the supreme court. Reab sued McAlister in the common pleas of Washington county in an action of assumpsit. The declaration contained counts for goods sold and delivered generally, for a cooking stove and stove pipe sold and delivered, and a special count for a cooking stove sold the defendant at the price of $45, to be paid for in six months after delivery, which the plaintiff warranted to draw and carry ' smoke well. The defendant pleaded the general issue, and subjoined thereto a notice that as matter of defence, and in bar of the plaintiff’s claim to recover the value of the…

1Opinion of the Court

The following opinions were delivered:

By the Chancellor.

I do not think there was any error in the charge of the court of common pleas, in respect to the interest, which could render the judgment of that court erroneous. The plaintiff’s demand consisted partly of a running account, and was partly for the price of the stove, sold on a credit of six months. It was in evidence that the ordinary custom of the plaintiff was to charge interest on his accounts after ninety days, where no specific time of credit was agreed upon, and that this custom was generally known. 1 also infer from the evidence,…

2Cases cited3 opinions

  1. Thornton v. WynnSupreme Court of the United States · 1827
  2. Spalding v. VandercookNew York Supreme Court · 1829
  3. Burton v. StewartNew York Supreme Court · 1829

3Cited by78 opinions

  1. Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
  2. Gillespie v. . TorranceNew York Court of Appeals · 1862
  3. Kolka v. JonesNorth Dakota Supreme Court · 1897
  4. Auzerais v. NagleeCalifornia Supreme Court · 1887
  5. Blanchard v. ElyNew York Supreme Court · 1839

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