Beirne and Burnside v. . Dord
New York Court of Appeals
Appeal from the general term of the Superior Court of the city of New York, where a motion for a new trial had been denied, and judgment entered upon a verdict in favor of the plaintiffs.
Read the full summary
Appeal from the general term of the Superior Court of the city of New York, where a motion for a new trial had been denied, and judgment entered upon a verdict in favor of the plaintiffs. This was an action of assuvipsit for the breach of an alleged warranty of quality, on a sale of twenty-seven bales of French blankets, by the defendant to the plaintiffs, on the 28th September 1844. The goods were sold on a credit of sue months, for the price of $4185, for which the plaintiffs gave their negotiable promissory note. The bill of parcels was silent on the subject of quality. *At thetime…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The first two counts of the declaration allege a purchase by the plaintiffs of the defendant of twenty-seven bales of blankets by sample, and a warranty that all the blankets in the bales were of like goodness and quality with the sample exhibited; averring a breach of the warranty to consist in this, that the blankets contained in seventeen of the bales were not of like goodness and quality with the sample, but were moth-eaten and damaged, whereby such blankets…
2Cases cited11 opinions
- Boorman v. JenkinsNew York Supreme Court · 1834
- Sands & Crump v. Taylor & LovettNew York Supreme Court · 1810
- Bradford v. ManlyMassachusetts Supreme Judicial Court · 1816
- Moses v. MeadCourt for the Trial of Impeachments and Correction of Errors · 1845
- Swett v. ColgateNew York Supreme Court · 1822
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- A. & S. Henry & Co. v. TalcottNew York Court of Appeals · 1903
- Globe Milling Co. v. Minneapolis Elevator Co.Supreme Court of Minnesota · 1890
- Browning v. McNearCalifornia Supreme Court · 1904
- Wadhams v. BalfourOregon Supreme Court · 1898
- Meyer v. Everett Pulp & Paper Co.Court of Appeals for the Ninth Circuit · 1912
11 more not listed; retrieve them via the Exa API.