Swett v. Colgate
New York Supreme Court
ASSUMPSIT for goods sold and delivered. The goods were consigned, by merchants in England, to the plaintiffs, in Boston, as their factors, who sent them to Messrs. Goodhue Co. of New- York, and were invoiced as barilla. After offering the article, for some time, at private sale, Messrs.
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ASSUMPSIT for goods sold and delivered. The goods were consigned, by merchants in England, to the plaintiffs, in Boston, as their factors, who sent them to Messrs. Goodhue Co. of New- York, and were invoiced as barilla. After offering the article, for some time, at private sale, Messrs. G. fy Co., pursuant to instructions, sent it to auction, where it was sold, after being advertised in the newspapers, to the defendants, at a credit of sixty ^y^ q ^ Co. offered it for sale as barilla, and it was advertiSed and sold as such, and was described in the bill ’ of parcels, delivered to the…
1Opinion of the CourtWoodworth, J.
The defendants purchased, at auction, the goods in question, invoiced as barilla, and advertised and sold as such; but there was no warranty, nor any concealment on the part of the vendors.
The goods were consigned by certain merchants in England to the plaintiffs, who sent them to Messrs. Goodhue fy Co. at JYew-YorJc, to be sold; they were described as barilla in the bill of parcels. After the purchase, the defendants discovered, that the article purchased was not barilla, but help. Before the sale, they inspected and examined it; and a sample was exhibited, at the time of sale. Goodhue &f…
2Cases cited1 opinion
- Seixas v. WoodsNew York Supreme Court · 1804
3Cited by33 opinions
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Hawkins v. . PembertonNew York Court of Appeals · 1872
- Hargous v. . StoneNew York Court of Appeals · 1851
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