Pratt v. Gulick & Clark
New York Supreme Court
Motion by the defendants for a new trial, upon a case. The action was brought upon a note for $500 made by the defendant Gulick and indorsed by the defendant Clark, on the 18th of October, 1849, payable to the plaintiff or bearer on the 15th of June, 1850. The cause was tried at the Steuben circuit in February, 1851, before Justice Johnson.
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Motion by the defendants for a new trial, upon a case. The action was brought upon a note for $500 made by the defendant Gulick and indorsed by the defendant Clark, on the 18th of October, 1849, payable to the plaintiff or bearer on the 15th of June, 1850. The cause was tried at the Steuben circuit in February, 1851, before Justice Johnson. On the trial the counsel for the plaintiff stated to the court that the execution of the note described in the complaint, by the defendant Gulick, and the demand of payment and notice of non-payment to the defendant Clark, was admitted in the pleadings in…
1Opinion of the Court
By the Court, T. R. Strong, J.
The evidence given by the defendants, which was stricken out on the trial, at the close of the proofs, as immaterial and irrelevant, showed that in September, 1849, a contract was made between the plaintiff and the defend*299ant Gulick, whereby the plaintiff agreed to sell and deliver to Gulick by the first day of November thereafter, a large quantity of merchantable lumber, supposed to be about 180,000 feet at $9 per thousand feet, for which Gulick was to pay $300 in cash by the first day of December then next, and for the balance of the purchase money to give two…
2Cases cited3 opinions
- McKnight v. DunlopNew York Supreme Court · 1848
- Shaver v. EhleNew York Supreme Court · 1819
- Van Alen v. BlivenNew York Supreme Court · 1847
3Cited by11 opinions
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- Dietrich v. FranzSupreme Court of Missouri · 1870
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