Hall v. Haggart
New York Supreme Court
Error from the Washington common pleas. Hall let Haggart and Reynolds have fifty merino sheep; in consideration whereof, Haggart and Reynolds agreed to pay Hall, annually, fifty cents per head for each sheep, and on receiving a year’s notice, return to him the same number of sheep, and of the same quality and age, as nearly so as possible; the contract to continue for such length of time as Hall should choose.
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Error from the Washington common pleas. Hall let Haggart and Reynolds have fifty merino sheep; in consideration whereof, Haggart and Reynolds agreed to pay Hall, annually, fifty cents per head for each sheep, and on receiving a year’s notice, return to him the same number of sheep, and of the same quality and age, as nearly so as possible; the contract to continue for such length of time as Hall should choose. Hall brought a suit in a [281] justice’s court, to recover §25 due at the end of the first year, and obtained judgment. The case was removed into the Washington common pleas by appeal,…
1Opinion of the Court
By the Court,
Cowen, J.
The question presented by this bill of exceptions is by no means free from difficulty. There are several cases which .clearly sanctioned the contract, looking at its face, so far as the mere loan of the sheep is in question. Stopping here, Spencer v. Tilden (5 Cowen, 144), is a stronger case in favor of the contract. There the contract was to double cows in four years, the whole to be at the risk of the borrower, which was admitted' by the lender to be at the time as good as 25 per cent interest. Holmes v. Wetmore (id. 149, note), held the same as to doubling sheep in…
2Cases cited1 opinion
- Cummings v. WilliamsNew York Supreme Court · 1830
3Cited by7 opinions
- Walton Guano Co. v. CopelanSupreme Court of Georgia · 1900
- Gilmore & Smith v. Ferguson & CassellSupreme Court of Iowa · 1869
- Stevenson v. UnkeferIllinois Supreme Court · 1852
- Wright v. McAlexanderSupreme Court of Alabama · 1847
- Bull v. . RiceNew York Court of Appeals · 1851
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