Porter v. Rose
New York Supreme Court
THIS was an action of assumpsit, tried at théOntário circuit, before Mr. Justice Platt, in June, 1814. The declaration coptained two counts on a special agreement, and the usual money counts.
Read the full summary
THIS was an action of assumpsit, tried at théOntário circuit, before Mr. Justice Platt, in June, 1814. The declaration coptained two counts on a special agreement, and the usual money counts. The first count stated, that the plaintiff, on the 12th Nooómber, 1812, at Cánaiidarquá, at the special instance of the1 defendant, agreed to buy of him 5 aftd the defendant, then and there sold, to the plaintiff, 6,000 gallons of whiskey, Sec., at the price of TO cents per gallon, &c., to be delivered by the de1 e D .... fendant to the plaintiff, or his agent, clerk, or issuing commisGary, at Búfalo, in…
1Opinion of the Court
Spencer, J.,
delivered- the opinion of the court. On the trial, the defendant’s counsel moved for a nonsuit, on the ground that the undertakings were dependent, and that the plaintiff was bound to-show a readiness to- pay. The judge overruled this objection, deciding, that the plaintiff was not bound to show either a readiness to pay, or the actual payment for what had been delivered. , _z
The defendant has moved in arrest of judgment, and for a new trial. In both counts of the declaration, it is stated, that the whiskey was to be delivered at Buffalo; and it is averred in both counts, that the…
2Cited by27 opinions
- Dunham v. . MannNew York Court of Appeals · 1853
- Williams v. HealeyNew York Supreme Court · 1846
- Davis v. AdamsSupreme Court of Alabama · 1850
- Lester v. JewettNew York Supreme Court · 1849
- Hough v. RawsonIllinois Supreme Court · 1856
22 more not listed; retrieve them via the Exa API.