Thompson v. Ashton
New York Supreme Court
This wasan action on the case, to which the defendant usage, is guilty. The cause was tried before Mr. J. Van arucie>ar¡mpiies Ness, the New- York sittings, in November, 1816. tbeWgóodñeyss of At thetrial it was stated, by an agent of the plaintiff, that in ti-ro rccOTerfor he went to the store of the defendant for the waerranTy,h °the purchasin crockery ware: that the defendant sold expiesslyfoHnd- the 46 crav of crockery ware, according to the Hanty. printed of ertain…
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This wasan action on the case, to which the defendant usage, is guilty. The cause was tried before Mr. J. Van arucie>ar¡mpiies Ness, the New- York sittings, in November, 1816. tbeWgóodñeyss of At thetrial it was stated, by an agent of the plaintiff, that in ti-ro rccOTerfor he went to the store of the defendant for the waerranTy,h °the purchasin crockery ware: that the defendant sold expiesslyfoHnd- the 46 crav of crockery ware, according to the Hanty. printed of ertain auctioneers, in whose store the 1 doubtedly crockery was for sale, which catalogue, the defendant said, conformed to the…
1Per curiam
It does not appear, from the case, whether the action is founded upon a warranty, or fraud, in the sale of the crockery. The plea is stated to have been not guilty, from which it would seem that fraud was the ground on which the action was intended to be supported. But the plaintiff has entirely failed in making out fraud. There is some appearance of contradiction in the account which the defendant gave, as to the place where, or the persons from whom he procured the goods; but nothing which could be considered as making eut a fraud in the defendant, or charging him with any knowledge of the…
2Cited by12 opinions
- Miller & Co. v. Moore, Sims & Co.Supreme Court of Georgia · 1889
- Fresh v. GilsonSupreme Court of the United States · 1842
- Globe Milling Co. v. Minneapolis Elevator Co.Supreme Court of Minnesota · 1890
- Duguid v. EdwardsNew York Supreme Court · 1867
- Schaffner v. National Supply Co.West Virginia Supreme Court · 1917
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