Moses v. Mead
Court for the Trial of Impeachments and Correction of Errors
Error to the superior court of the city of New-York. The plaintiffs in error sued the defendants in error in the court below, and declared in assumpsit upon- a warranty on the sale of 194 barrels of mess beef, that the same was good, sound, merchantable and wholesome mess beef; whereas the same was unsound, sour, tainted, &c.
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Error to the superior court of the city of New-York. The plaintiffs in error sued the defendants in error in the court below, and declared in assumpsit upon- a warranty on the sale of 194 barrels of mess beef, that the same was good, sound, merchantable and wholesome mess beef; whereas the same was unsound, sour, tainted, &c. On the trial the jury found a special verdict as follows: On the 9th of August, 1843, the plaintiffs, being merchants and dealers in provisions in the city of New-York, bought of the defendants, who were wholesale grocers and provision merchants in the same,city, 194…
1Opinion of the Court
By the Court, Bronson, Ch. J.
When there is neither fraud nor express warranty on the sale of a chattel, the buyer takes the risk of its quality and condition. No warranty of any kind can bo implied from the fact that a sound price was paid. Caveat emptor, and not caveat venditor, is the rule of the common law; and that is our law. I speak of an executed, and not of an executory contract for the sale of goods. (See Howard v. Hoey, 23 Wend. 350.) Some of the English judges have lately shown a strong tendency towards the doctrines of the civil law in relation to sales, and have been disposed to…
2Cases cited3 opinions
- Howard & Ryckman v. HoeyNew York Supreme Court · 1840
- Hart v. WrightNew York Supreme Court · 1837
- Van Bracklin v. FondaNew York Supreme Court · 1815
3Cited by41 opinions
- Jacob E. Decker & Sons, Inc. v. CappsTexas Supreme Court · 1942
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Seixas v. WoodsNew York Supreme Court · 1804
- Hargous v. . StoneNew York Court of Appeals · 1851
- Lukens v. FreiundSupreme Court of Kansas · 1882
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