Joyce v. . Adams
New York Court of Appeals
This action was brought in the superior court of the city of New York to recover a deposit made by the plaintiff upon a contract with the defendants for the purchase of a quantity of cotton. It was tried before the late Mr. Justice Sandford, in April, 1848. The contract was made between the plaintiffs and defendants through the- agency of a broker, and the following notes were passed; that to the plaintiffs was as follows: “ New York, January 27th, 1847. Messrs.
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This action was brought in the superior court of the city of New York to recover a deposit made by the plaintiff upon a contract with the defendants for the purchase of a quantity of cotton. It was tried before the late Mr. Justice Sandford, in April, 1848. The contract was made between the plaintiffs and defendants through the- agency of a broker, and the following notes were passed; that to the plaintiffs was as follows: “ New York, January 27th, 1847. Messrs. Joyce & Murphy, Bought of Adams & Hawthorn, South st. 259 bales of cotton, viz: at 131. A. P. L. 100 bales Charleston, ) S. Hunt 64…
1Opinion of the CourtJewett, J.
On the twenty-seventh day of January, 1847, the defendants had 259 bales of cotton in store in New York, in three parcels; one of 100 bales, and one of 64 bales, stored in the store of W- S. Moore, 296 Water street, and one of 95 bales, stored elsewhere. On that day, through the medium of a broker, the parties made a contract by which the defendants agreed to sell the plaintiffs 259 bales of cotton, 164 bales described as Charleston, and 95 bales as Mobile, at the price of thirteen and a half cents per pound, which they agreed to deliver within or at the expiration of thirty days; the…
2Cases cited1 opinion
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