Sewall v. Gibbs
The Superior Court of New York City
This was an action of assumpsit, for goods sold and delivered. The plaintiff sought to recover for a ceroon of indigo, which was described in his bill of particulars, as weighing 1141bs. subject to a deduction of ten per cent, for tare. The defendants pleaded the general issue, and a tender of $>' 182, on the 22d day of May, 1828. The plaintiff replied, denying the tender.
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This was an action of assumpsit, for goods sold and delivered. The plaintiff sought to recover for a ceroon of indigo, which was described in his bill of particulars, as weighing 1141bs. subject to a deduction of ten per cent, for tare. The defendants pleaded the general issue, and a tender of $>' 182, on the 22d day of May, 1828. The plaintiff replied, denying the tender. At the trial, the plaintiff proved, that a number of ceroons of indigo had been sold for him, at public auction, on the 19th day of February, 1828; and among them the ceroon in question, to the defendants. A clerk of the…
1Opinion of the CourtJones, C. J.
This was an action of assumpsit, to recover the amount claimed to be due for a cerooti of indigo, sold to the defendants, at 15s.Id. per pound, subject to deduction from the gross weight for tare. The leading question on the merits, turned upon the amount of tare which was to be allowed and deducted. The plaintiff’s claim, after the deduction -admitted by him, amounted to about §194.20, which the principles of the defence would reduce to §182.94. The defendants pleaded a tender of §182, but offered no proof of the tender at the trial. They, however, paid into court, under the usual rule for…
2Cited by5 opinions
- Cadwell v. MeekIllinois Supreme Court · 1855
- Dalton v. DanielsNew York Court of Common Pleas · 1859
- Stuart v. BinsseThe Superior Court of New York City · 1863
- Bradley v. . WheelerNew York Court of Appeals · 1871
- Schieffelin v. HarveyNew York Supreme Court · 1808