Miller v. Covert
New York Supreme Court
Error from the Seneca common pleas. Miller sued Covert in a justice’s court, where judgment, on the 6lh July, 1827, was rendered in favor of the defendant for the costs of the suit.
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Error from the Seneca common pleas. Miller sued Covert in a justice’s court, where judgment, on the 6lh July, 1827, was rendered in favor of the defendant for the costs of the suit. Miller appealed to the common pleas, where he proved a demand for work, labor and services, to the amount of $4,16. The defendant proved the sale and delivery to the plaintiff of three tons of hay, worth $8 per ton, which was all delivered in the month of January, 1827, though in two parcels of about a ton and a half each, under a contract in which the defendant agreed to sell the plaintiff three tons of hay, if…
1Opinion of the Court
By the Court,
Sutherland, J.
The court below erred in permitting Covert, the defendant,. to prove and. set off against Miller, his account.for the balance of the three tons of hay sold and delivered to him in January,.1827. The sale of the hay was by one single indivisible contract. Miller agreed to purchase three tons of hay from Covert, and Covert agreed to sell it to him if he had so much to spare, and in the course of a few days delivered the whole. It is perfectly settled, that if a plaintiff bring an action for a part only of an entire and indivisible demand, the verdict and judgment in…
2Cited by36 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
- Perry v. . DickersonNew York Court of Appeals · 1881
- Bendernagle v. CocksNew York Supreme Court · 1838
- Pakas v. . HollingsheadNew York Court of Appeals · 1906
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