Reynolds v. Mayor, Lane & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mayor, Lane & Co., from an order of the Supreme Court, made at the Monroe Trial Term and entered in the office of the clerk of the county of Monroe on the 4th day of August, 1898, denying the defendant’s motion for a new trial made upon the minutes, the jury having previously rendered a verdict in favor of the plaintiff.
Read the full summary
Appeal by the defendant, Mayor, Lane & Co., from an order of the Supreme Court, made at the Monroe Trial Term and entered in the office of the clerk of the county of Monroe on the 4th day of August, 1898, denying the defendant’s motion for a new trial made upon the minutes, the jury having previously rendered a verdict in favor of the plaintiff. "In 1896, Barr, Reynolds & Co. were copartners, and as such were ■carrying on the business of plumbers at the city of Rochester, the plaintiff being a member of that firm. The defendant, a corporation, was at the same time doing business at the city…
1Opinion of the Court
Adams, J.:
That the firm of which the plaintiff was a member was induced to purchase the goods in question in consequence of representations as to their character and quality made by the defendant’s agent is not denied, and that there was a breach of the warranty thus made is a fact as to which there is but little, if any, controversy. It follows, therefore, that the particular cause of action set out in the plaintiff’s complaint was established, provided the plaintiff’s assign-*220M'S had any right to rely upon an express warranty made by theao-ent of the defendant.
It is a well-settled rule of…
2Cases cited5 opinions
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Ahern v. . GoodspeedNew York Court of Appeals · 1878
- Cafre v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by6 opinions
- Howard Iron Works v. Buffalo Elevating Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Prentice v. FargoAppellate Division of the Supreme Court of the State of New York · 1900
- Ellner v. PriestleyCity of New York Municipal Court · 1902
- Rogers v. BeckrichAppellate Division of the Supreme Court of the State of New York · 1899
- Young v. KarolCivil Court of the City of New York · 1974
1 more not listed; retrieve them via the Exa API.