Legal Opinion

Miller v. F. R. Patch Manufacturing Co.

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1905PublishedCited by 7 opinions

■ Appe-ai! by the defendant, the F. R. Patch- Manufacturing Company, from a judgment of the Supreme Court in favor, of the plaintiff, entered in the office of the cleric of the County- of Queens on the 29th' day of December, 1903; upon the verdict of a jury, and also from, an order entered-in said clerk’s office on the- 4th' day of ' January, 1904, denying the defendant’s motion for a new trial made upon the minutes,

1Opinion of the Court

Willard Bartlett, J.:. In this action the plaintiff has recovered judgment against .the defendant upon a verdict awarding him $1,648'.75 damages for' breach of warranty upon the sale of a derrick. The parties to the contract were the American Stone Company and the defendant corporation. The plaintiff brought the suit as assignee of the American- Stone Company. There was sufficient proof to establish. *23the-alleged warranty. The evidence. authorized .the "jury td find that the defendant guaranteed that the derrick should have a lifting capacity of fifty tons with a factor of safety; of .five—the…

2Cases cited3 opinions

  1. Day v. . PoolNew York Court of Appeals · 1873
  2. Cassidy v. . Le FevreNew York Court of Appeals · 1871
  3. Bruce v. Fiss, Doerr & Carroll Horse Co.Appellate Division of the Supreme Court of the State of New York · 1900

3Cited by7 opinions

  1. Coastal States Gas Producing Company v. PateTexas Supreme Court · 1958
  2. Ellen v. HeacockAppellate Division of the Supreme Court of the State of New York · 1936
  3. Miller v. ZanderNew York Supreme Court · 1914
  4. Gleason v. Lebolt & Co.Appellate Division of the Supreme Court of the State of New York · 1928
  5. Denivelle Co. v. Leonard Keil, Inc.New York Supreme Court · 1913

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