Cotton v. Reed
New York County Courts
Appeal from á judgment rendered by H. C. Rising, Esq., justice of the peace, in the town of Savannah, June 25, 1897, in favor of the defendant and against the plaintiff for $5, and costs.
1Opinion of the CourtSawyer, J.
No question of fraud upon the part of the plaintiff is raised by defendant in this action, and neither is there any definite claim of an express warranty by plaintiff that the cow in *381question was suitable for the purpose for which defendant desired to use her; in fact every claim which defendant might make that the conversation had between the parties at the time of the sale amounted to an express warranty, is answered and concluded by defendant’s own testimony in which he states, that in making the purchase he relied upon his own judgment of the cow. It is conceded that defendant, a butcher,…
2Cases cited5 opinions
- Moses v. MeadCourt for the Trial of Impeachments and Correction of Errors · 1845
- Howard v. EmersonMassachusetts Supreme Judicial Court · 1872
- Julian v. LaubenbergerNew York Supreme Court · 1896
- Divine v. McCormickNew York Supreme Court · 1867
- Rinschler v. JeliffeNew York Court of Common Pleas · 1881
3Cited by8 opinions
- Hopkins v. Amtorg Trading Corp.Appellate Division of the Supreme Court of the State of New York · 1942
- Zielinski v. PotterMichigan Supreme Court · 1917
- Blumberg v. Romer, New York County Courts1938
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