Legal Opinion

Bencoe Exporting & Importing Co. v. McGraw Tire & Rubber Co.

Appellate Division of the Supreme Court of the State of New York

Decided January 16, 1925PublishedCited by 8 opinions

1Opinion of the Court

Martin, J.:

This action was brought to recover damages for the breach of an implied warranty of merchantability in the sale by defendant to plaintiff, under two written contracts, of a quantity of automobile tires and tubes. These contracts are in the form of orders addressed *137to defendant and are said to have been accepted on its behalf by one E. A. Ward.

Defendant’s position is: (1) That E. A. Ward was not connected with defendant at the time, but was employed by The McGraw Tire and Rubber Export Company, an independent corporation; that neither Ward nor that company had any authority to sign…

2Cases cited17 opinions

  1. Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
  2. Reed v. . RandallNew York Court of Appeals · 1864
  3. Hoe v. . SanbornNew York Court of Appeals · 1860
  4. Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
  5. Hannon v. . Siegel-Cooper Co.New York Court of Appeals · 1901

12 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Pabellon v. Grace Line, Inc. (Coston Supply Co., Third-And-Fourth-Party Defendants)Court of Appeals for the Second Circuit · 1951
  2. Foley v. Liggett & Myers Tobacco Co.Appellate Terms of the Supreme Court of New York · 1930
  3. Adams v. Peter Tramontin Motor SalesNew Jersey Superior Court Appellate Division · 1956
  4. Kelvinator Sales Corp. v. Quabbin Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1931
  5. Fillet v. CurryAppellate Division of the Supreme Court of the State of New York · 1960

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API