Monroe v. Reynolds
New York Supreme Court
HIS action was brought to recover §1000 which the plaintiff had paid to the defendants on a purchase of one hundred barrels of whisky. The money was paid and the following receipt was taken by the plaintiff: “Received, Rochester, June 25th, 1864, from M. J. Monroe, one thousand dollars to apply on purchase, one hundred bbls. western whisky, aboye to be carried thirty days. §1000. Upton & Reynolds.”
Read the full summary
HIS action was brought to recover §1000 which the plaintiff had paid to the defendants on a purchase of one hundred barrels of whisky. The money was paid and the following receipt was taken by the plaintiff: “Received, Rochester, June 25th, 1864, from M. J. Monroe, one thousand dollars to apply on purchase, one hundred bbls. western whisky, aboye to be carried thirty days. §1000. Upton & Reynolds.” There was no testimony tending to show that the whisky was ever in fact delivered, or a delivery tendered by the defendants, nor any demand made for the whisky and offer to pay the balance of the…
1Opinion of the Court
By the Court, Johnson, J.
The money, which the action is brought to recover back, was paid by the plaintiff upon an executory agreement between himself and the defendants, for the sale and delivery by the latter to the former, of one hundred barrels of western whisky, at the expiration of thirty days from the date of the payment, at the price of $1.75 per gallon. The expression in the receipt which the defendants gave for the $1000 paid, “ abov.e to be carried thirty days,” must be construed to mean that the property bargained for was to be held for that period by the defendants, and then…
2Cases cited5 opinions
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
- Raymond v. BearnardNew York Supreme Court · 1815
- Wilson v. FinneyNew York Supreme Court · 1816
- Fancher & Foot v. GoodmanNew York Supreme Court · 1859
- Main v. KingNew York Supreme Court · 1850
3Cited by10 opinions
- Empire State Type Founding Co. v. GrantNew York Court of Appeals · 1889
- Lewis v. CraftOregon Supreme Court · 1901
- Hanley v. CombsOregon Supreme Court · 1906
- Levy v. . LoebNew York Court of Appeals · 1882
- Soltau v. Goodyear Vulcanite Co.New York Court of Common Pleas · 1895
5 more not listed; retrieve them via the Exa API.