Clark v. Tucker
The Superior Court of New York City
The declaration in this cause, contained two counts in trespass for taking certain hats of the plaintiff in the city of Philadelphia, and one count in trover for the same hats. The defendants pleaded not guilty.
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The declaration in this cause, contained two counts in trespass for taking certain hats of the plaintiff in the city of Philadelphia, and one count in trover for the same hats. The defendants pleaded not guilty. Upon the trial before Sandford, J. in June, 1848, the plaintiff called as a witness, Nichols H. Babcock, who testified that he was a hatter, and in the spring of 1846, was doing business in the Third Avenue, in the city of New York, having his store and shop on the first floor, and residing in the residue of the building. On the 3d of April, 1846, he found himself insolvent, and at…
1Opinion of the CourtBy the Court. Sandford, J.
The subject of the sale *164relied upon by the plaintiff, was a quantity of hats in the possession of Kester in Philadelphia, and held by him -for sale and for the repayment of his advances. The contract of sale was made in New York, and its validity depends upon our laws.
There was no note or memorandum of the contract made in writing. The letter delivered by Babcock to Kester, two weeks afterwards, aside from other objections to its effect, did not contain, or profess to contain, a statement of the contract of sale. The entire omission of all written evidence of the alleged sale,when so much…
2Cited by2 opinions
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Tyler v. Strang & Tioga Rail RoadNew York Supreme Court · 1855