Legal Opinion

Dalton v. Daniels

New York Court of Common Pleas

Decided June 15, 1859PublishedCited by 2 opinions

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

  1. Allen v. Merchant's BankCourt for the Trial of Impeachments and Correction of Errors · 1839
  2. Rankin v. American InsuranceThe Superior Court of New York City · 1829
  3. Sewall v. GibbsThe Superior Court of New York City · 1829

3Cited by2 opinions

  1. Houghton v. Watertown Fire InsuranceMassachusetts Supreme Judicial Court · 1881
  2. Lazensky v. Supreme Lodge K. of HCity of New York Municipal Court · 1888

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