Pike v. Evans
New York Supreme Court
THIS was an action of assumpsit. The count in the declaration on which the plaintiff claimed to recover, stated, that the defendant was a taylor in the village of Utica, andón the 28th of October, 1814, in consideration that the plaintiff, at his request, had delivered him a large quantity of broadcloth and kerseymere, to be made up into a coat, pantaloons, and vest, for a large reward, he, the defendant, undertook to make and deliver them safe to the plaintiff, at SackePs…
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THIS was an action of assumpsit. The count in the declaration on which the plaintiff claimed to recover, stated, that the defendant was a taylor in the village of Utica, andón the 28th of October, 1814, in consideration that the plaintiff, at his request, had delivered him a large quantity of broadcloth and kerseymere, to be made up into a coat, pantaloons, and vest, for a large reward, he, the defendant, undertook to make and deliver them safe to the plaintiff, at SackePs Harbour, by the next Tuesday following, to wit, on the 1st of November, 1814; yet that the defendant, not regarding, &c.…
1Per curiam
The ground's on which an application for a new trial in this case is made are,
1. That the verdict was against the weight, of evidence.
2. That the contract proved is materially different from the one declared upon.
3. On the ground of newly-discovered evidence.
With respect to the first point, the verdict is warranted not only by the weight of evidence, but a contrary verdict would have been against the positive and direct testimony of one witness. The contract between the parties was, that the clothes in question were to be made, and sent on to Sachet's Harbour, by the stage that would arrive…
2Cases cited1 opinion
- Steinbach v. Columbian InsuranceNew York Supreme Court · 1804
3Cited by9 opinions
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- Casey v. StateNebraska Supreme Court · 1886
- Wiggin v. CoffinU.S. Circuit Court for the District of Maine · 1836
- State v. CarrSuperior Court of New Hampshire · 1850
- People v. SheaNew York Supreme Court · 1896
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