Sale v. Darragh
New York Court of Common Pleas
Appeal by plaintiff from, a judgment entered on the report of a referee. This action was brought to recover a balance claimed to be due on a sale of 356 bales of hemp.
Read the full summary
Appeal by plaintiff from, a judgment entered on the report of a referee. This action was brought to recover a balance claimed to be due on a sale of 356 bales of hemp. The complaint stated that the plaintiff, on August 16th, 1850, sold the defendant 356 bales of jute hemp, weighing forty-six tons, seventeen hundred weight, and one pound, at $80 a ton; that it was to remain in store at plaintiff’s risk for the first month, and at defendant’s risk afterwards, and the defendant was to pay for it as he took it away, at eight per cent, per annum discount; that the plaintiff delivered portions of…
1Opinion of the Court
By the Court, Daly, First Judge.
It is very clear, in this case, that the referee erred. It appeared, by the testimony of Sturges, that the defendant spolce to him about buying the hemp for Mm. Sturges accordingly opened a negotiation with the plaintiff and the plaintiff’s clerk Hanford, the plaintiff agreeing that Sturges might sell the hemp to the defendant, to be paid for as it was taken away. Sturges agreed to the terms of the sale as stated in the memorandum or sale note, which expressed every thing except the number of bales and the weight, which were to be ascertained afterwards. The…
2Cases cited2 opinions
- Sprague v. BlakeNew York Supreme Court · 1838
- The ExperimentSupreme Court of the United States · 1819
3Cited by4 opinions
- Greenpoint Sugar Co. v. . WhitinNew York Court of Appeals · 1877
- Passaic Manufacturing Co. v. HoffmanNew York Court of Common Pleas · 1871
- Schultz v. BradleyNew York Court of Common Pleas · 1871
- Weidmann v. ChampionNew York Court of Common Pleas · 1884