Hull v. Turner
New York Supreme Court
Motion to amend declaration after verdict. The plaintiffs declared for a breach of warranty relative to the power of a bellows, used in a forge for the manufacture of iron, which the defendant had constructed for the plaintiffs, and which it was averred he had warranted to be of sufficient blast to blow three fires. At the trial, the proof was, that the-defendant had warranted the bellows to be of sufficient blast to blow three fires for the term of one year.
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Motion to amend declaration after verdict. The plaintiffs declared for a breach of warranty relative to the power of a bellows, used in a forge for the manufacture of iron, which the defendant had constructed for the plaintiffs, and which it was averred he had warranted to be of sufficient blast to blow three fires. At the trial, the proof was, that the-defendant had warranted the bellows to be of sufficient blast to blow three fires for the term of one year. The de-' fendant moved for a nonsuit on the ground of the.variance, which the circuit judge refused to grant, suggesting that the…
1Opinion of the Court
The Court
ordered the amendment of the declaration, on the plaintiffs’ consenting to a rule setting aside the' verdict, and paying the defendant’s costs of the circuit and of resisting this motion. This order was made to avoid the expense of a new suit,
2Cited by7 opinions
- Weed & Weed v. Saratoga & Schenectady RailroadNew York Supreme Court · 1838
- Union Bank v. MottNew York Supreme Court · 1860
- Clark v. FaxtonNew York Supreme Court · 1839
- Bogart v. M'DonaldNew York Supreme Court · 1801
- Elting v. CampbellU.S. Circuit Court for the District of Northern New York · 1863
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