Barnard v. Kellogg
Supreme Court of the United States
Error to the Circuit Court for the District of Connecticut, the case being this: In the summer of 1864, Barnard, a commission merchant residing in Boston, Massachusetts, placed a lot of foreign wool, received from a shipper in Buenos Ayres, and on which he had' made advances, in the hands of Bond & Co., wool brokers in Boston, to sell, with instructions not to sell unless the purchaser came to Boston and examined the wool for himself.
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Error to the Circuit Court for the District of Connecticut, the case being this: In the summer of 1864, Barnard, a commission merchant residing in Boston, Massachusetts, placed a lot of foreign wool, received from a shipper in Buenos Ayres, and on which he had' made advances, in the hands of Bond & Co., wool brokers in Boston, to sell, with instructions not to sell unless the purchaser came to Boston and examined the wool for himself. These brokers sent to E. N. Kellogg & Co., merchants and dealers in wool, in Hartford, Connecticut, at their request, samples of the different lots of wool, and…
1Opinion of the CourtJustice Davis
No principle of the common law has been better established, or more often affirmed, both in this country and in England, than that in sales of personal property, in the absence of express warranty, wffiere the buyer has an opportunity to'inspect the commodity, and the seller is guilty of no fraud, and is neither the manufacturer nor grower of the article he sells, the maxim of caveat emptor applies. Such a rule, requiring the purchaser to take care of his own interests, has been found best adapted to the wants of trade in the business transactions of life. And there is no hardship in it,…
2Cases cited1 opinion
- Snowden v. WarderSupreme Court of Pennsylvania · 1831
3Cited by147 opinions
- Grace v. American Central InsuranceSupreme Court of the United States · 1883
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Federal Reserve Bank of Richmond v. MalloySupreme Court of the United States · 1924
- National Bank v. BurkhardtSupreme Court of the United States · 1880
- De Witt v. BerrySupreme Court of the United States · 1890
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