Birdsinger v. McCormick Harvesting Machine Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the McCormick Harvesting Machine Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 20th day of May, 1903, upon the verdict of a jury for $5,875, and also from an order entered in said clerk’s office on the 20th day of May, 1903, as resettled by an order entered in said clerk’s office on the 11th day of June, 1903, denying the defendant’s motion for a new…
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Appeal by the defendant, the McCormick Harvesting Machine Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 20th day of May, 1903, upon the verdict of a jury for $5,875, and also from an order entered in said clerk’s office on the 20th day of May, 1903, as resettled by an order entered in said clerk’s office on the 11th day of June, 1903, denying the defendant’s motion for a new trial. The defendant, in September 1901, sold to the plaintiff and his brother a machine known as a corn husker and…
1Opinion of the Court
Smith, J.:
In Rich v. Smith (34 Hun, 136) the plaintiff sued upon a ¿reach of warranty of a mare. She was in fact vicious and ran away, injuring the plaintiff, the mare and the carriage. The trial court stated the measure of damage to be the difference between the value of the mare as she was and her value if she had been as warranted. Presiding Justice James 0. Smith, in writing for affirmance of the judgment appealed from, in part says : “ The rule laid down by the judge is that which applies in the case of a general warranty of personal property sold. Where, however, the warranty is…
2Cases cited5 opinions
- White v. . MillerNew York Court of Appeals · 1877
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- Bruce v. Fiss, Doerr & Carroll Horse Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Milburn v. BelloniNew York Supreme Court · 1861
- Passenger v. ThorburnNew York Supreme Court · 1860