Gregg v. Page Belting Co.
Supreme Court of New Hampshire
Case, for negligence. The plaintiffs seek to recover the amount paid upon a judgment obtained against them by Joseph Levesque for the damages sustained by him from the fall of the plaintiffs’ elevator. The plaintiffs allege that the fall of the elevator and Levesque’s consequent injury were caused by the negligence of the Belting Company in repairing the belt by which the elevator was sustained and operated, and that Levesque recovered against them on that ground.
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Case, for negligence. The plaintiffs seek to recover the amount paid upon a judgment obtained against them by Joseph Levesque for the damages sustained by him from the fall of the plaintiffs’ elevator. The plaintiffs allege that the fall of the elevator and Levesque’s consequent injury were caused by the negligence of the Belting Company in repairing the belt by which the elevator was sustained and operated, and that Levesque recovered against them on that ground. The Belting Company were seasonably notified of Levesque’s suit and requested to defend it. The plaintiffs put in evidence…
1Opinion of the CourtCarpenter, C. J.
There was no express warranty by the defendants of the sufficiency of the belt for the use made of it, and none can be implied. “ Where a known, described, and defined article is ordered of a manufacturer, although it is stated to be required by the purchaser for a particular purpose, still if the known, defined, and described thing be actually supplied, there is no [implied] warranty that it shall answer the particular purpose intended by the buyer.” Benj. Sales, s. 657; Chanter v. Hopkins, 4 M. & W. 399 ; Ollivant v. Bayley, 5 Q. B. 288; Wilson v. Lawrence, 139 Mass. 318, 321; Jones v.…
2Cases cited4 opinions
- Churchill v. HoltMassachusetts Supreme Judicial Court · 1879
- Churchill v. HoltMassachusetts Supreme Judicial Court · 1881
- Roughan v. Boston & Lockport Block Co.Massachusetts Supreme Judicial Court · 1894
- Wilson v. LawrenceMassachusetts Supreme Judicial Court · 1885
3Cited by12 opinions
- Builders Supply Co. v. McCabeSupreme Court of Pennsylvania · 1951
- Colorado & Southern Railway Co. v. Western Light & Power Co.Supreme Court of Colorado · 1923
- Stephan v. Sears Roebuck & Co.Supreme Court of New Hampshire · 1970
- State v. CorronSupreme Court of New Hampshire · 1905
- Massachusetts Bonding & Ins. v. Dingle-Clark Co.Ohio Supreme Court · 1943
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