8 Johns. 147
Decided May 15, 1811
New York Supreme Court · decided 1811-05-15
IN error, on certiorari, from a justice’s court. The plaintiff brought his action against the defendant before the justice, to recover the price of two firkins of butter, delivered to the defendant, and for which he gave a receipt to the plaintiff “ to account with him for the same; that is, if Jonas Platt, Esq. is elected governor of the state, the defendant is to pay 39 cents per pound for the butter, and if not, he is to pay nothing.” The justice gave judgment for the…
Cited in Anderson (1889)’s definition of “Stale”
Good law ✅— No negative treatment on recordhow we know
Decided 1811-05-15
Cited by 6 later decisions — most recently February 1885
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The butter was delivered, in the first instance, to the defendant, the winner, and the payment Was, to depend on the event of the election of governor. The plaintiff lost the bet, and, by the terms of sale, he was not, in that event, to be paid any thing for the butter. This case does not appear to come within that bf Bunn v. Riker.
¶2The judgment must be affirmed.
¶3 4 Johns. Rep. 426.