Newton v. Galbraith
New York Supreme Court
ON certiorari from a justice’s court. Galbraith sued . Nezuton before the justice, on two promissory notes, signed by Newton; the one for 10 dollars, payable on the 11 tli of December, 1807, in produce, to be delivered at Newton's house ; and the other for 10 dollars, payable on the 11th December, 1808, in produce, to be delivered at Nevoton's house, in Jericho.
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ON certiorari from a justice’s court. Galbraith sued . Nezuton before the justice, on two promissory notes, signed by Newton; the one for 10 dollars, payable on the 11 tli of December, 1807, in produce, to be delivered at Newton's house ; and the other for 10 dollars, payable on the 11th December, 1808, in produce, to be delivered at Nevoton's house, in Jericho. The defendant ’ v pleaded payment: and on the trial he proved, that on A \ the 11th December, 1807, he had hay in his barn, and was ' there ready to pay in hay, though he did not prove the quantity, and that the plaintiff did not…
1Per curiam
There was no tender proved by defendant, sufficient to exonerate him from the payment of the balance due on the notes. A declaration that there was hay in his barn, or in stack for the plaintiff, without ascertaining the amount and value, was nothing. The judgment must be affirmed.
Judgment affirmed»
2Cited by2 opinions
- Wyman v. WinslowSupreme Judicial Court of Maine · 1834
- Robinson v. BatchelderSuperior Court of New Hampshire · 1827