Peckham v. Kiernan

Supreme Court of Rhode Island

Peckham v. Kiernan

13 R.I. 354, 1881 R.I. LEXIS 36

DecidedJuly 9, 1881

StatusPublished

This text of 13 R.I. 354 (Peckham v. Kiernan) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Peckham v. Kiernan, 13 R.I. 354, 1881 R.I. LEXIS 36 (R.I. 1881).

Pincite

Opinion

Per Curiam.

We think that the evidence dis *355 closes an entire failure of consideration for the goods delivered by the plaintiffs to the defendant in payment for the wood. The expense of cutting and drawing out the wood amounted to as much as they received for the fifteen cords which they carted to Providence and sold. And even if this were not so, the plaintiffs were liable to Mrs. Gardner for the value of these fifteen cords. We think the court erred in its ruling that the testimony did not show a total failure of consideration, and therefore sustain the exception and grant the plaintiffs a new trial.

Ziba O. Slocum, for plaintiffs. William H. Baker, for defendant.

Bxceptions sustained.

Note. — The Chief Justice did not sit in this case.

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Per Curiam.

We think that the evidence dis *355 closes an entire failure of consideration for the goods delivered by the plaintiffs to the defendant in payment for the wood. The expense of cutting and drawing out the wood amounted to as much as they received for the fifteen cords which they carted to Providence and sold. And even if this were not so, the plaintiffs were liable to Mrs. Gardner for the value of these fifteen cords. We think the court erred in its ruling that the testimony did not show a total failure of consideration, and therefore sustain the exception and grant the plaintiffs a new trial.

Ziba O. Slocum, for plaintiffs. William H. Baker, for defendant.

Bxceptions sustained.

Note. — The Chief Justice did not sit in this case.

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Bluebook (online)

13 R.I. 354, 1881 R.I. LEXIS 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peckham-v-kiernan-ri-1881.