Sands & Crump v. Taylor & Lovett
New York Supreme Court
THIS was an action of assumpsit, brought to recover tiie price ot a cargo oi wheat, sold by the plain» tiffs to the defendants, at ten shillings the bushel. Plea non assumpsit. The cause was tried before Mr. Justice Van Ness, at the New-Tork sittings, the 19th April, , .. , r , , . ._ , . 1809, and a verdict was taken for the plaintiffs, subject to the opinion of the court, on a case, containing the following facts.
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THIS was an action of assumpsit, brought to recover tiie price ot a cargo oi wheat, sold by the plain» tiffs to the defendants, at ten shillings the bushel. Plea non assumpsit. The cause was tried before Mr. Justice Van Ness, at the New-Tork sittings, the 19th April, , .. , r , , . ._ , . 1809, and a verdict was taken for the plaintiffs, subject to the opinion of the court, on a case, containing the following facts. The cargo was brought from Virginia, and Pollard,, the master of the vessel, testified that Taylor, one of the defendants, came on board, and' examined the which was stowed in…
1Opinion of the CourtSpencer, J.
The questions arising from the case are, 1st. What was the nature of the sale of the wheat ; is it to be considered a sale by sample and a warranty that the cargo would answer every purpose, which the sample would ? and
2d. Was the subsequent sale of the wheat at public auction, such a dissolution of the contract, as to take away the plaintiffs’ right to the difference between the sale to the defendants and that at auction ■
In considering this case, I shall take it for granted that the sale of the wheat was by Pearsall, the plaintiffs’ agent; that it was by sample ; that he knew the…
2Cases cited1 opinion
- Seixas v. WoodsNew York Supreme Court · 1804
3Cited by44 opinions
- De Witt v. BerrySupreme Court of the United States · 1890
- Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
- Moore v. . PotterNew York Court of Appeals · 1898
- Rickey v. TenbroeckSupreme Court of Missouri · 1876
- Hargous v. . StoneNew York Court of Appeals · 1851
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