Pinney v. Gleason
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. Pinney sued Gleason in the Onondaga G. P. in an action of assumpsit, and declared upon three notes ; the first was in the following form : “ For value received, I promise to pay John Pinney seventy nine dollars and fifty cents, on the first day of August, 1822, in salt, at fourteen shillings per barrel, in good boating order. Liverpool June 30, 1820.” (Signed) Ara Gleason.
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Error from the supreme court. Pinney sued Gleason in the Onondaga G. P. in an action of assumpsit, and declared upon three notes ; the first was in the following form : “ For value received, I promise to pay John Pinney seventy nine dollars and fifty cents, on the first day of August, 1822, in salt, at fourteen shillings per barrel, in good boating order. Liverpool June 30, 1820.” (Signed) Ara Gleason. The second note was in the same form, the same sum being specified, payable in August, 1823 ; and the third was also in the same form, the sum specified being ten dollars, payable in August,…
1Opinion of the Court
The following opinions were delivered on the final decision of the case:
By the Chancellor.
Without expressing any opinion as to the correctness of the principle adopted in Clark v. Pinney, 7 Cowen, 681, as a general rule of damages on a contract for the delivery of specific articles, on a consideration paid in advance, it may be sufficient to say the principle was wrongly applied to that case if the plaintiff in error is correct in his apprehension of the law in the case now before us. The particular terms of the contracts are the same in both ; and the only difference in the cases is, that in…
2Cases cited1 opinion
- Brooks v. HubbardSupreme Court of Connecticut · 1819
3Cited by29 opinions
- Gray v. President of the Portland BankMassachusetts Supreme Judicial Court · 1807
- Smith v. DunlapIllinois Supreme Court · 1850
- Nash v. HoxieWisconsin Supreme Court · 1884
- Rodes v. . BronsonNew York Court of Appeals · 1866
- Heywood v. HeywoodSupreme Judicial Court of Maine · 1856
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