A. & S. Henry & Co. v. Talcott
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 18, 1902, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 18, 1902, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The learned court below erred in dismissing the counterclaim -for damages arising from breach of the alleged warranty by sample, and erred in ■ excluding the evidence offered by the defendant on this point. (Bierne v. Dord, 5 N. Y. 99; Zabriskie v. R. R. Co., 131 N. Y. 78; Gurney v. R. R. Co.,…
1Opinion of the CourtVann, J.
The plaintiff sued to recover a balance due upon an account for merchandise sold and delivered to the defendant, who answered, alleging, among other' things, a counterclaim for breach of an express warranty that the goods, which were to be manufactured for the defendant for the purpose of sale to his customers, should be equal to certain samples furnished by the plaintiff. The defendant further alleged that he sold the goods with like warranty, and was compelled to make allowances to his customers on account of defects, and that he sustained other damages owing to the failure of the goods…
2Cases cited10 opinions
- Barnard v. KelloggSupreme Court of the United States · 1871
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Gurney v. Atlantic & Great Western Railway Co.New York Court of Appeals · 1874
- Day v. . PoolNew York Court of Appeals · 1873
- Gould v. SteinMassachusetts Supreme Judicial Court · 1889
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3Cited by27 opinions
- Rite Fabrics, Inc. v. Stafford-Higgins Co., Inc.District Court, S.D. New York · 1973
- Warner v. New York, Ontario & Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Hoffman v. American Mills Co.Court of Appeals for the Second Circuit · 1923
- Niehoff-Schultze Grocer Co. v. GrossAppellate Division of the Supreme Court of the State of New York · 1923
- O. C. Barber Mining & Fertilizing Co. v. Brown Hoisting Machinery Co.Court of Appeals for the Sixth Circuit · 1919
22 more not listed; retrieve them via the Exa API.