Roget v. Merrit
New York Supreme Court
This was an action for not delivering 220 barrels of flour, according to agreement. On the trial the following appeared to be the circumstances of the case: The plaintiff, through the intervention of a broker, known to be acting for him, about the 18th of January, 1800, asked the defendants if they would sell the above quantity of flour for the note of Joseph Lyon. They replied, they would give an answer if he would call the next day.
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This was an action for not delivering 220 barrels of flour, according to agreement. On the trial the following appeared to be the circumstances of the case: The plaintiff, through the intervention of a broker, known to be acting for him, about the 18th of January, 1800, asked the defendants if they would sell the above quantity of flour for the note of Joseph Lyon. They replied, they would give an answer if he would call the next day. He called, and produced a note of Lyon’s for two thousand two hundred and fifty dollars, drawn in favor of one John Palmer, and endorsed by him in blank. At the…
1Opinion of the CourtSpenceb, J.
On the part of the defendants, two objections were raised to the plaintiffs recovery: 1. That in.neither of the counts is the contract set forth correspondent to the proof, and that therefore there is a fatal variance; 2. That the contract between the parties is a nudum pactum and within the statute of frauds and perjuries. The opinion I am about to give not being founded on either of the objections taken, it will be unnecessary to enter into a minute examination of them. To support the first exception, the defendants’ counsel rely on that part of the proof, whereby it was agreed that the…
2Cited by26 opinions
- Tobey v. BarberNew York Supreme Court · 1809
- Worrall v. . MunnNew York Court of Appeals · 1851
- Dykers v. . TownsendNew York Court of Appeals · 1861
- Southwestern Freight & Cotton Press Co. v. StanardSupreme Court of Missouri · 1869
- Clason v. BaileyCourt for the Trial of Impeachments and Correction of Errors · 1817
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