Dalton v. Daniels
New York Court of Common Pleas
Appeal from a judgment of the First District Court, in favor of the plaintiff. The action was brought to recover the value of 140 gallons of liquor, being a deficiency in quantity on a sale of liquor, in barrels, by the defendant to the plaintiff.
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Appeal from a judgment of the First District Court, in favor of the plaintiff. The action was brought to recover the value of 140 gallons of liquor, being a deficiency in quantity on a sale of liquor, in barrels, by the defendant to the plaintiff. The sale was made by the number of gallons marked on the outside of each barrel; but, after delivery, the actual quantity was ascer-. tained, according to a usage of the trade, by which one barrel is taken from every ten, and measured, and an estimate made of the whole quantity founded on such a measurement. In this way it was found that there was a…
1Opinion of the Court
By the Court, Brady, J.
This action was brought to recover *473for an alleged deficiency in the quantity of a lot of liquors, sold in barrels by the defendant to the plaintiff.- The deficiency was ascertained by the examination of ten barrels out of one hundred barrels and of eight barrels out of seventy-five barrels—the former being made by an inspector of liquors, and the latter by a gauger or measurer of liquors. The mode of ascertaining the deficiency was as follows: one barrel out of every ten, and ten barrels out of every hundred, taken promiscuously, were examined by scaled measure, and an…
2Cases cited3 opinions
- Allen v. Merchant's BankCourt for the Trial of Impeachments and Correction of Errors · 1839
- Rankin v. American InsuranceThe Superior Court of New York City · 1829
- Sewall v. GibbsThe Superior Court of New York City · 1829
3Cited by2 opinions
- Houghton v. Watertown Fire InsuranceMassachusetts Supreme Judicial Court · 1881
- Lazensky v. Supreme Lodge K. of HCity of New York Municipal Court · 1888