The Superior Court of New York City July 2, 1874 (See v. Bernheimer)

By the Court.—Sedgwick, J.

The plaintiff clearly could not recover upon any contract testified to in the case, excepting that one which the plaintiff stated in his testimony. He swore that the money was to be paid by defendant out of funds due to Hayward, when the goods arrived in St. Paul, and when Hayward had notified him of their arrival.