Oneieda Manufacturing Society v. Lawrence
New York Supreme Court
Assumpsit, upon an express warranty of cotton. The declaration was, that the defendants promised that the cotton was good merchantable cotton, free from dirt and all filthy matter. The cause was tried July 17th, 1823, at the Oneida circuit, before WlLLI AMS, G. Judge.
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Assumpsit, upon an express warranty of cotton. The declaration was, that the defendants promised that the cotton was good merchantable cotton, free from dirt and all filthy matter. The cause was tried July 17th, 1823, at the Oneida circuit, before WlLLI AMS, G. Judge. At the trial, it was proved that the defendants sold the cotton t0 the plaintiffs by bill, as 25 bales of Georgia upland cotton / the plaintiffs’ witness swore that one of the defondants (December, 1820, or January, 1821) sold the cotton to the agent of the plaintiffs, presenting him with sam- , . - ° „ pies of the cotton,…
1Opinion of the Court
Curia, per
Savage, Ch. J.
The questions are,
1. Did the defendants warrant the cotton, and if so, what was the warranty ?
2. Is the contract proved as laid ?
3. Was the commission properly rejected ?
There is no particular phraseology necessary to constitute a warranty. The assertion, or affirmation of the vendor, concerning the article sold, must be positive and unequivocal. It must be a representation which the vendee relies on, and which is understood by the parties as an absolute assertion, and not the expression of an opinion. (3 T. R. 57, 8. 19 John. 290.) Seixas v. Woods, (2 Caines, 48,) is…
2Cases cited9 opinions
- Seixas v. WoodsNew York Supreme Court · 1804
- Sands & Crump v. Taylor & LovettNew York Supreme Court · 1810
- Swett v. ColgateNew York Supreme Court · 1822
- Chapman v. MurchNew York Supreme Court · 1822
- Holden v. DakinNew York Supreme Court · 1809
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Fairbank Canning Co. v. . MetzgerNew York Court of Appeals · 1890
- Seixas v. WoodsNew York Supreme Court · 1804
- Magee v. BillingsleySupreme Court of Alabama · 1842
- Hargous v. . StoneNew York Court of Appeals · 1851
- McCormick v. KellySupreme Court of Minnesota · 1881
13 more not listed; retrieve them via the Exa API.