Smith v. Jones
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. The defendant in error brought two actions in the court below, against the plaintiff in error, forgoodssold and delivered, &c. The defendant pleaded, and also produced an account as a set-off.
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IN ERROR, on certiorari to a justice’s court. The defendant in error brought two actions in the court below, against the plaintiff in error, forgoodssold and delivered, &c. The defendant pleaded, and also produced an account as a set-off. The evidence on the trial was decidedly in favour of a balance against the plaintiff below, except as to three barrels of pot ashes, which, as far as there was any evidence of a sale, appeared all to have been sold at one time, yet the plaintiff in one action claimed for one barrel only, and for the residue in the other. The only evidence of the sale was the…
1Per curiam
The only matter in question in these? causes, is the three barrels of pot ashes. There is no pretence, from any part of the evidence, that these ashes were sold at different times, or in different parcels ; but the natural and necessary conclusion to be drawn from the evidence is, that it was an entire contract for the whole quantity; and yet the plaintiff has set up and divided this entire demand into separate suits, which of itself would be a fatal objection to the judgments. But independent of this, there was no proof to sustain the recovery. The same testimony that proved the sale,…
2Cited by33 opinions
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