Babcock v. Stanley

New York Supreme Court

Babcock v. Stanley

11 Johns. 178

CourtNew York Supreme Court

DecidedMay 15, 1814

StatusPublished

Cited by2 cases

This text of 11 Johns. 178 (Babcock v. Stanley) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Babcock v. Stanley, 11 Johns. 178 (N.Y. Super. Ct. 1814).

Pincite

Opinion

Per Curiam.

It may be questionable whether the contract for the sale of the service of the negro woman, could be considered as a sale of goods, &c. within the statute for the prevention of frauds: but it was incumbent on the plaintiff below to show a performance on his part, by an offer of the wench to the defendant, before he called upon him for the payment of the money. (2 Saund. Rep. 252. n. 3.) No such offer appears to have been made. The judgment below must, therefore, be reversed.

Judgment reversed.

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Per Curiam.

It may be questionable whether the contract for the sale of the service of the negro woman, could be considered as a sale of goods, &c. within the statute for the prevention of frauds: but it was incumbent on the plaintiff below to show a performance on his part, by an offer of the wench to the defendant, before he called upon him for the payment of the money. (2 Saund. Rep. 252. n. 3.) No such offer appears to have been made. The judgment below must, therefore, be reversed.

Judgment reversed.

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Bluebook (online)

11 Johns. 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/babcock-v-stanley-nysupct-1814.

Opinion

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