Beeman v. . Banta
New York Court of Appeals
Appeal from judgment of tlie General Term of the Supreme Court in the fourth judicial department, entered upon an order made July I, 1881, which affirmed a judgment in favor of plaintiff entered npon a verdict, and affirmed an order denying a motion for a new trial.
Read the full summary
Appeal from judgment of tlie General Term of the Supreme Court in the fourth judicial department, entered upon an order made July I, 1881, which affirmed a judgment in favor of plaintiff entered npon a verdict, and affirmed an order denying a motion for a new trial. The statement of the defendant relied npon as the foundation of this action as a warranty, was not intended as such by the defendant, and apparently was not relied upon at the time of the contract, and does not, under the circumstances, constitute a warranty. (Swett v. Colgate, 20 Johns. 196; O. Mfg. Soc. v. Lawrence, 4 Cow. 440;…
1Opinion of the CourtParker, J.
The recovery in this action was for damages claimed to have been sustained because of a breach of an express warranty on the part of the defendant to so construct a freezer for the plaintiff as that chickens could be kept therein in perfect condition.
The jury have found the making of the warranty, its breach and the amount of damages resulting therefrom. The General Term have affirmed these findings and as there is some evidence to support each proposition, we have but to consider the exceptions taken.
The appellant excepted to the charge of the court respecting the measure of damages. Upon…
2Cases cited5 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- White v. . MillerNew York Court of Appeals · 1877
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- Reed v. . McConnellNew York Court of Appeals · 1886
- New York State Monitor Milk Pan Co. v. RemingtonNew York Court of Appeals · 1888
3Cited by16 opinions
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Emerson v. Pacific Coast & Norway Packing Co.Supreme Court of Minnesota · 1905
- Bruce v. Fiss, Doerr & Carroll Horse Co.Appellate Division of the Supreme Court of the State of New York · 1900
- C. H. Dean Co. v. StandiferCourt of Appeals of Texas · 1904
- Peak v. FrostMassachusetts Supreme Judicial Court · 1894
11 more not listed; retrieve them via the Exa API.