Smith v. Loomis
Supreme Court of Connecticut
IN ERROR. This was an action brought by Smith against Loomis, on a note or contract in writing, signed by the defendant, in and by which the defendant promised the plaintiff to pay or deliver to him, or bearer, for value received, 51 dollars worth of good merchantable brick, at five dollars per thousand, to be delivered at his the defendant’s brick-yard in Torrington, by the 1st of November, 1824. The defendant pleaded, 1st, non assumpsit: 2ndly, that on the 1st of November,…
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IN ERROR. This was an action brought by Smith against Loomis, on a note or contract in writing, signed by the defendant, in and by which the defendant promised the plaintiff to pay or deliver to him, or bearer, for value received, 51 dollars worth of good merchantable brick, at five dollars per thousand, to be delivered at his the defendant’s brick-yard in Torrington, by the 1st of November, 1824. The defendant pleaded, 1st, non assumpsit: 2ndly, that on the 1st of November, 1824, at the time said note became due, the defendant had ready to be delivered to the plaintiff, at his the…
1Opinion of the CourtPeters, J.
By the terms of this contract, the defendant was bound to pay or deliver to the plaintiff 10,200 brick, at a certain time and place. But he neither delivered, offered, nor tendered them, though he claims to have done that which was equivalent. He was on the spot, and had the brick ready to deliver, but did not deliver nor tender them, because the plaintiff was absent. He certainly could have designated the brick intended for the plaintiff, and set them apart, and thus have paid the debt, by vesting the property in the plaintiff. Until this was done, the note remained unpaid, and the defendant…
2Cases cited2 opinions
- Robbins v. LuceMassachusetts Supreme Judicial Court · 1808
- Nichols v. WhitingSupreme Court of Connecticut · 1792
3Cited by12 opinions
- Hammond v. Gilmore's AdministratorSupreme Court of Connecticut · 1841
- Armstrong v. TaitSupreme Court of Alabama · 1845
- Maley v. HugoSupreme Court of Connecticut · 1913
- McPherson v. WiswellNebraska Supreme Court · 1884
- Stevenson v. BurginSupreme Court of Pennsylvania · 1865
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