Lawrence v. Barker
New York Supreme Court
This was an action of assumpsit, ivied at the Nevv-York ^circuit in June, 1829, before the Hon. Ogden Edwards, one of the circuit judges. The declaration contained a count stating that the defendant, in consideration of the plaintiff delivering to him a Hudson Insurance Company bond for $1000, on which interest to a certain amount, had accumulated, promised to pay the plaintiff the sum of $1000, with the interest thereof, when he should be thereunto afterwards requested.
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This was an action of assumpsit, ivied at the Nevv-York ^circuit in June, 1829, before the Hon. Ogden Edwards, one of the circuit judges. The declaration contained a count stating that the defendant, in consideration of the plaintiff delivering to him a Hudson Insurance Company bond for $1000, on which interest to a certain amount, had accumulated, promised to pay the plaintiff the sum of $1000, with the interest thereof, when he should be thereunto afterwards requested. Vermilyea, a witness called by the plaintiff, proved that he, as the agent of the defendant, procured from the plaintiff…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The contract proved is certainly not the contract declared on. There may well have been two contracts on the same day, for the same amount, and payable at different periods. But it does not appear to have been in writing, and no objection was made upon (he trial as to the variance; had it then been made, a contract might have been proved corresponding with that set forth in the declaration. Objections may properly be made upon the argument which were not raised at the trial, but *305they are unavailing unless it appears to the court that they could not have been…
2Cited by56 opinions
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
- Becker v. . KochNew York Court of Appeals · 1887
- Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
- State v. MortensenUtah Supreme Court · 1903
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