Bell v. Mills
Appellate Division of the Supreme Court of the State of New York
Appeal by.the defendant, Frank B. Mills, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Niagara on the 2d day of May, 1901, upon the verdict of a jury, and also from an order bearing date the 26th day of- April, 1901, and entered in said clerk’s office, denying the defendant’s motion -for a new trial made upon the minutes.
1Opinion of the Court
Williams, J.:
The judgment and order appealed from should be reversed and a new; trial granted, with costs to the appellant to abide event.
The action was brought to recover damages caused by the introduction of the seed of wild mustard into the plaintiff’s farm by the sowing of oats purchased of defendant.
Plaintiff’s farm was near Lockport and contained 100 acres, 22 of which were sowed to the oats in question. The defendant lived near Syracuse, and carried on a large seed business. Early in the year 1900 he issued a catalogue in his business, and on the 1st page thereof was the following : “…
2Cited by9 opinions
- Hoover v. Utah Nursery Co.Utah Supreme Court · 1932
- Liberty National Bank & Trust Co. v. DiamondSupreme Court of Georgia · 1971
- Bell v. MillsAppellate Division of the Supreme Court of the State of New York · 1902
- Depew v. Peck Hardware Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Bleckley v. LangstonCourt of Appeals of Georgia · 1965
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