Legal Opinion

Phillips v. Crosby

Supreme Court of New Jersey

Decided November 14, 1904PublishedCited by 1 opinion

On error to the Supreme Court. This case was tried at the Atlantic Circuit, at the September Term, 1903, before Justice Hendrickson and a jury, and a judgment of nonsuit ordered.

1Opinion of the Court

The opinion of the court was delivered by

Swayze, J.

The declaration in this case is extremely informal, but it is possible to gather from its averments that the action is brought to recover damages for breach of warranty upon the sale of stock in an oil company. Phillips v. Crosby, 40 Vroom 612. There is a single plea which denies the alleged sale of stock and also denies the making of the warranties set forth in the declaration. Notwithstanding the duplicity of the plea, the plaintiff joined issue 'thereon. At the close of the ease the court ordered a non-suit, upon the ground that there was…

2Cases cited2 opinions

  1. New Jersey School & Church Furniture Co. v. Board of EducationSupreme Court of New Jersey · 1896
  2. Phillips v. CrosbySupreme Court of New Jersey · 1903

3Cited by1 opinion

  1. Metzger v. Breeze Corporations, Inc.District Court, D. New Jersey · 1941

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