Matthes v. Benn
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment, of the City Court of the city of New York, entered upon a directed verdict.
1Opinion of the CourtBijur, J.
Plaintiff sued for goods sold and delivered to defendant, the sale and delivery being admitted.
*634Defendant set np a counterclaim based upon plaintiff’s express warranty of the perfect quality of the goods.
It was shown to be the practice in the trade to send goods purchased to “ spongers ” who sponged and examined them, thereafter returning them to the purchaser with a report of defects if any were found. Defendant followed this custom, and no defects having been reported, placed the goods on his shelves and did not personally examine them until practically two months later, when he claimed that…
2Cases cited2 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Greeff Engineering & Manufacturing Co. v. Scourene Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1918
3Cited by2 opinions
- Wildman Mfg. Co. v. Davenport Hosiery MillsTennessee Supreme Court · 1922
- Matthes v. BennAppellate Division of the Supreme Court of the State of New York · 1920