Buck v. . Burk
New York Court of Appeals
Appeal from the Superior Court of New York city. The complaint stated that on April 27th, 1854, the defendant was indebted to the plaintiff in the sum of $2,000, for land before that time sold and conveyed to him by the plaintiff, and that for the said indebtedness the defendant made and delivered to the plaintiff a promissory note in these words : “ Due to William J. Buck, or order, two thousand dollars mdze. out of my store, 44 Maiden Lane, on demand, for value rec’d; said…
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Appeal from the Superior Court of New York city. The complaint stated that on April 27th, 1854, the defendant was indebted to the plaintiff in the sum of $2,000, for land before that time sold and conveyed to him by the plaintiff, and that for the said indebtedness the defendant made and delivered to the plaintiff a promissory note in these words : “ Due to William J. Buck, or order, two thousand dollars mdze. out of my store, 44 Maiden Lane, on demand, for value rec’d; said mdze. to be sold and delivered at not above 25 per cent of the cost price. N. Y., April 27, ’54. “James Burk, Jr.” The…
1Opinion of the CourtSelden, J.
It is plainly to be inferred from the circumstances disclosed in this case, that the note given by the defendant to the plaintiff, payable in merchandise, was executed and delivered in pursuance of an original contract, by which the plaintiff had agreed to accept such note in payment for the land sold. The tenor of the note itself repels the idea that it could have been received upon a cash indebtedness for land previously sold; and this conclusion is sustained by the whole conduct of the plaintiff in relation to the note, as well as by the frame of his complaint. There is no foundation,…
2Cases cited1 opinion
- Gould v. Banks & GouldNew York Supreme Court · 1832
3Cited by14 opinions
- Morse Dry Dock & Repair Co. v. Susquehanna S. S. Co.Court of Appeals for the Second Circuit · 1923
- Murphy v. Schuster Springs Lumber Co.Supreme Court of Alabama · 1926
- City Ice Delivery Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1949
- Friess v. . RiderNew York Court of Appeals · 1862
- Jackson Sharp Co. v. HollandSupreme Court of Florida · 1874
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