Crocker-Wheeler Electric Co. v. Johns-Pratt Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Crocker-Wheeler Electric Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 14th day of April, 1896, upon the dismissal of the complaint by-direction of the court after a trial at the Hew York Trial Term.
1Opinion of the Court
Patterson, J.:
The appellant’s counsel insists that the complaint in this action contains allegations which constitute a cause of action for the breach of either an express or an implied warranty. Assuming, for the purposes of the appeal, that the complaint is susceptible of that construction, we are of opinion that the trial judge was right in granting a nonsuit, for the proof was altogether insufficient to sustain the action in either aspect. It is unnecessary to pass upon the relations of the plaintiff and its predecessor with the defendant or the IT. W. Johns Manufacturing Company. We take…
2Cited by16 opinions
- CBS Inc. v. Ziff-Davis Publishing Co.New York Court of Appeals · 1990
- Ainger v. Michigan General Corp.District Court, S.D. New York · 1979
- David Rogath, Plaintiff-Appellant-Cross-Appellee. v. Werner E.R. Siebenmann, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1997
- Friedman v. Medtronic, Inc.Appellate Division of the Supreme Court of the State of New York · 1973
- Gregg v. U.S. Industries, Inc.Court of Appeals for the Eleventh Circuit · 1989
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