Waring v. Mason
New York Supreme Court
[427] [428] Error from the supreme court. Gallagher and Mason brought an action of assumpsit against the Messrs. Waring, to recover the damages sustained by them in the purchase from the defendants of 50 bales of cotton. Th% first count of the declaration charged a sale of the cotton by sample, and alleged by way of breach, that the cotton was not of the like goodness and quality with the samples exhibited, but was inferior thereto; being bad, damaged, dry, and rotten.
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[427] [428] Error from the supreme court. Gallagher and Mason brought an action of assumpsit against the Messrs. Waring, to recover the damages sustained by them in the purchase from the defendants of 50 bales of cotton. Th% first count of the declaration charged a sale of the cotton by sample, and alleged by way of breach, that the cotton was not of the like goodness and quality with the samples exhibited, but was inferior thereto; being bad, damaged, dry, and rotten. The second count set forth a warranty that the cotton was good, merchantable, etañ. free from damage, and alleged a breach of…
1Opinion of the Court
After advisement, the following opinions were delivered:
By the Chancellor.
[433] The conclusion at which I have arrived in this case upon the subject of the sale by sample, renders it unnecessary for me to express any definitive opinion upon the question whether the evidence upon the trial was sufficient to have authorized a recovery upon that count of the declaration which stated a sale with warranty that the bales contained merchantable cotton, free from damage. There is unquestionably a very material difference between the rules of the civil law on the subject of implied warranties in…
2Cases cited4 opinions
- Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
- Seixas v. WoodsNew York Supreme Court · 1804
- Beebee v. RobertNew York Supreme Court · 1834
- Welsh v. CarterNew York Supreme Court · 1828
3Cited by20 opinions
- Strohm v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- Strohm v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1884
- Rutherford Nat. Bank v. H.R. Bogle Co.New Jersey Court of Chancery · 1933
- Pitts v. McWhorterSupreme Court of Georgia · 1847
- Brewster v. PowerNew York Court of Chancery · 1844
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