Hawkins v. Pemberton
The Superior Court of New York City
On the 16th day of January, 1867, Messrs. Burdett, Jones & Co., a responsible house of auctioneers, sold twenty-five casks of blue vitriol at auction. The vitriol belonged to the plaintiff, and the auctioneers were employed by the plaintiff to sell it. Some of the casks were opened from an hour to two hours before the sale, and were examined by the defendants, and appeared to be merchantable blue vitriol.
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On the 16th day of January, 1867, Messrs. Burdett, Jones & Co., a responsible house of auctioneers, sold twenty-five casks of blue vitriol at auction. The vitriol belonged to the plaintiff, and the auctioneers were employed by the plaintiff to sell it. Some of the casks were opened from an hour to two hours before the sale, and were examined by the defendants, and appeared to be merchantable blue vitriol. Looking at blue vitriol, you cannot tell whether it is adulterated or not. The auctioneer stated, when he offered it for sale, u here are twenty-five casks of blue vitriol, sound and in good…
1Opinion of the Court
Robertson, Ch. J.
The merchandise which is the subject of controversy in this case was, according to the testimony of a chemist (Pohli), examined on the trial, a chemical compound, either of sulphuric acid, with three metals (copper, iron and sine) and two earths (alumina and lime), in various proportions, or of salts composed of sulphuric acids and those metals and earths, in the form of sulphates. It appears to have been homogenous throughout, and was sold in its natural state, as manufactured, without any disguise or adulteration. It was known as Saltsberger vitriol, in Germany, where it…
2Cases cited4 opinions
- Seixas v. WoodsNew York Supreme Court · 1804
- Cook v. MoseleyNew York Supreme Court · 1835
- Carley v. WilkinsNew York Supreme Court · 1849
- Holman v. Dord & RoweNew York Supreme Court · 1851