Clark v. Crandall
New York Supreme Court
MotioN by the defendant to set aside a report of referees in favor of the plaintiff. The action was assumpsit upon a contract in the following words: “ 18 Aug., 1845. Truman Clark this day agreed with Hampton Crandall for his butter and cheese to be sent him at Boston next fall, on these conditions, said Clark agrees to pay him five dollars per hundred for the cheese, boxed and delivered in Utica, and twelve and a half for the butter, and when sold the net profits are to be…
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MotioN by the defendant to set aside a report of referees in favor of the plaintiff. The action was assumpsit upon a contract in the following words: “ 18 Aug., 1845. Truman Clark this day agreed with Hampton Crandall for his butter and cheese to be sent him at Boston next fall, on these conditions, said Clark agrees to pay him five dollars per hundred for the cheese, boxed and delivered in Utica, and twelve and a half for the butter, and when sold the net profits are to be equally 'divided if above those prices after pitying all charges.” The declaration contained four elaborate counts…
1Opinion of the Court
By the Court,
Morehouse, J.
The agreement between the parties was made at Hosea B. Clark’s, and was by him reduced to writing, and signed by them, and left there for their mutual benefit. From the evidence of H. B. Clark, it appears the original •understanding was that the cheese was to be delivered in •casks instead of boxes ; that Clark was to draw on a house in Boston for funds to pay for the butter and cheese as delivered, -and the defendant to call on him from time to time for such pay; that a few moments after the contract was signed, the •defendant asked why he could not draw for the…
2Cases cited2 opinions
- Cook v. Ferral's AdministratorsNew York Supreme Court · 1835
- Penfield v. CarpenderNew York Supreme Court · 1816
3Cited by8 opinions
- Waring v. United States Telegraph Co.New York Court of Common Pleas · 1872
- Clarke v. CrandallNew York Supreme Court · 1858
- Karker v. HaverlyNew York Supreme Court · 1867
- Sheridan v. PresasAppellate Terms of the Supreme Court of New York · 1896
- Stokes v. MackayNew York Supreme Court · 1894
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