Thomas v. Quintard
The Superior Court of New York City
The cause came up on a verdict taken, subject to the opinion of the court, upon a case to be made, with a stay of proceedings, and to be heard in the first instance at the General Term. The defendant moves that the verdict be set aside, and a new trial granted, with costs to abide the event.
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The cause came up on a verdict taken, subject to the opinion of the court, upon a case to be made, with a stay of proceedings, and to be heard in the first instance at the General Term. The defendant moves that the verdict be set aside, and a new trial granted, with costs to abide the event. The plaintiff is the general assignee of Bassett and Aborn, and the action was brought upon a promissory note given by the defendant to the firm of Bassett, Aborn & Motley, upon his purchase from them of an interest in a certain patent known as Mason’s Patent Sperm Oil. Motley released all his right and…
1Opinion of the CourtBy the Court. Hoffman, J.
We think the plaintiff is entitled to judgment upon the verdict, on two grounds.
First. That his own assignment precludes him from saying that what he sold was valueless; and there being neither warranty nor fraudulent representation, there was a sufficient consideration for the note. (Johnson v. Titus, 2 Hill, 606; Oakley v. Boorman, 20 Wend. 596; Say v. Richards, 21 Wend. 626; Williams v. Hicks, 2 Vt. 36.)
Next. That, by parting with the patent to another, and apparently on a valuable consideration, he has disabled himself from placing the plaintiff in the same situation as he was in at the…
2Cases cited4 opinions
- Conner v. HendersonMassachusetts Supreme Judicial Court · 1818
- Barnett v. StantonSupreme Court of Alabama · 1841
- Wiilliams v. HicksSupreme Court of Vermont · 1829
- Fay's Administrators v. RichardsNew York Supreme Court · 1839
3Cited by3 opinions
- Birdsall v. PeregoU.S. Circuit Court for the District of Northern New York · 1865
- Burdsall v. CurranUnited States Circuit Court · 1887
- Hawks v. SwettNew York Supreme Court · 1875