Crandal v. Bradley
Crandal v. Bradley, 7 Wend. 311 (N.Y. Sup. Ct. 1831)
Headnotes
A note payable in specific articles is admissible in evidence under the money counts.
Summary
Error from the Tompkins common pleas. Bradley sued Crandal in an action of assumpsit; the declaration contained the common money counts, and on the trial of the cause in the common pleas, the plaintiff, among other proofs, offered in evidence a note, whereby the defendant, for value received, promised to pay the plaintiff or bearer, $8,65, by the first day of April next after the date of the note, in common stuff pine boards, delivered at Frog Point, with interest. This evidence was objected to, as inadmissible under the common counts, but was received by the court, and the defendant excepted. The plaintiff had a verdict, and entered judgment thereon. The defendant sued out a writ of error, insisting that the common pleas erred in the above decision, and for other matters not deemed necessary to report.
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Opinion of the Court
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The Court affirmed the judgment of the common pleas, holding on the authority of the cases of Smith v. Smith, 2 Johns. R. 235, and Pierce v. Crafts, 12 Johns. R. 90, that a note, payable in specific articles, is admissible in evidence, under the money counts.
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Cited by 11 cases
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