Bailey v. Wakeman

Decided December 15, 1845

New York Supreme Court · decided 1845-12-15

On error from the supreme court. B. & S. W. Wakeman sued Bailey in the supreme court for goods sold and delivered Non assumpsit was pleaded with notice of set-off, and the cause was referred to referees, who reported in favor-of the plaintiffs.

Decided 1845-12-15

¶1No member of the court moving for a postponement of the decision and no opinion being offered to be given, the President put the question, “Shall this judgment be reversed?” upon Which the members voted as follows:

¶2 *224For reversal: The President, the Chancellor, and Senators Backus, Barlow, Bartlit, Beeiiman, Bockee, Burnham, Chamberlain, Clark, Denniston, Deyo, Emmons, Hand, Johnson, Jones, Lott, Mitchell, Porter, Scovil, Smith, Talcott, Yarney, Wright—24.

¶3For affirmance: Senator Beers.

¶4Judgment reversed.