Hamilton v. Ganyard
New York Supreme Court
APPEAL "by the defendant from a judgment entered upon the verdict of a jury. The action was founded upon a contract of the defendant for the sale to Smith & Mathews of his crop of corn of the year 1858. The plaintiff is the assignee .of the contract from Smith & Mathews, and sues for damages for the non-delivery of the corn, pursuant to the contract.
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APPEAL "by the defendant from a judgment entered upon the verdict of a jury. The action was founded upon a contract of the defendant for the sale to Smith & Mathews of his crop of corn of the year 1858. The plaintiff is the assignee .of the contract from Smith & Mathews, and sues for damages for the non-delivery of the corn, pursuant to the contract. The contract was in writing, and is as follows : . “ $50. Received from Smith & Mathews fifty dollars on account of my crop of corn, now growing on about thirty acres of ground, to be delivered to them in Rochester, in merchantable order, any…
1Opinion of the Court
By the Court, Johnson, J.
The judge was clearly right at the circuit, in his construction of the contract. Corn, to he in “ good merchantable order,” must he of good merchantable quality. Any other construction would lead to the palpable absurdity of holding an article to be in good merchantable order, which had no merchantable quality belonging to it. One of the principal definitions of the term order is, “ proper state.” This includes the intrinsic or organic condition of the thing itself, as well as its extrinsic or accidental relations to other things. To say that a person is in good…
2Cases cited1 opinion
- Gallagher v. WaringNew York Supreme Court · 1832
3Cited by7 opinions
- Ideal Wrench Co. v. Garvin Machine Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Keeler v. VandervereNew York Supreme Court · 1871
- Cahen v. PlattThe Superior Court of New York City · 1876
- Cullen v. BimmOhio Supreme Court · 1881
- Gentilli v. StaraceThe Superior Court of New York City · 1891
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