Niles v. Culver
New York Supreme Court
This was an action on the case upon a contract to carry 245 barrels of apples from Utica to the city of New-York. The plaintiffs alledged that in consequence of the carelessness, neglect and delay of the defendants the apples were injured and their value lost, to the plaintiffs. The defendants pleaded the general issue. The cause was tried at the Columbia circuit before Justice Watson. On the trial the. plaintiff introduced Dillon Bliss, as a witness.
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This was an action on the case upon a contract to carry 245 barrels of apples from Utica to the city of New-York. The plaintiffs alledged that in consequence of the carelessness, neglect and delay of the defendants the apples were injured and their value lost, to the plaintiffs. The defendants pleaded the general issue. The cause was tried at the Columbia circuit before Justice Watson. On the trial the. plaintiff introduced Dillon Bliss, as a witness. It was thereupon admitted on the part of the defendants that they were copartners in the forwarding business, on the Erie canal; that they were…
1Opinion of the Court
By the Court, Parker, J.
It has long been established that a receipt is not conclusive upon the party who has signed it. It may be explained, varied, or contradicted by parol evidence. (1 Phil. Ev. 108. 1 Cowen & Hill’s Notes, 213, and the cases there cited.) And this extends to a receipt incorporated in another instrument; as where, in a deed, there is the usual clause acknowledging the receipt of the consideration money, evidence is admissible to contradict such clause, by showing that the money was not in fact paid. (1 Cowen & Hill’s Notes, 217, and cases there cited.) So a bill of goods,…
2Cases cited10 opinions
- Thompson v. KetchamNew York Supreme Court · 1811
- Johnson v. WeedNew York Supreme Court · 1812
- Van Ostrand v. ReedNew York Supreme Court · 1828
- Creery v. HollyNew York Supreme Court · 1835
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1811
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Filkins v. . WhylandNew York Court of Appeals · 1862
- Johnson v. PowersCalifornia Supreme Court · 1884
- Silliman v. TuttleNew York Supreme Court · 1865
- Lent v. HodgmanNew York Supreme Court · 1853
- White v. Van Kirk & AshtonNew York Supreme Court · 1856
6 more not listed; retrieve them via the Exa API.