11 Johns. 441
Decided October 15, 1814
New York Supreme Court · decided 1814-10-15
IN ERROR, on certiorari, from a justice’s court. Hull brought an action against Joseph and John Gary, before the jus tice, for a quantity of tanner’s bark sold and delivered. Plea, the general issue. The defendants below had sold a wagon to Hull and his brother for 45 dollars, to be paid for in bark. Five dollars only were paid on that contract; and when the time had expired, Hull confessed two judgments before a justice for the balance, being 40 dollars.
Cited by 1 later decisions — most recently April 1833
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1814-10-15
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¶1This is a clear case for the plaintiff below. The defendants had waived the benefit of applying the bark on iheir judgment against Hull by issuing their executions tor the whole amount of those judgments.
¶2The agreement, therefore, for making such application, appears to have been rescinded by mutual consent; and there remained no objection to fluids claim for the bark.
¶3The judgment mast be affirmed.
¶4Judgment affirmed»