Milburn v. Belloni
New York Supreme Court
Appeal from a judgment. This was an action on a warranty that coal-dust sold was the dust of hard or anthracite coal, when it actually contained an admixture of soft or bituminous coal. The plaintiff was a manufacturer of brick in Orange county, near Hewburg. The defendants were large dealers in coal in the city of New York. The dnst of hard coal is used in the manufacture of brick. Soft coal, if so used, destroys the brick.
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Appeal from a judgment. This was an action on a warranty that coal-dust sold was the dust of hard or anthracite coal, when it actually contained an admixture of soft or bituminous coal. The plaintiff was a manufacturer of brick in Orange county, near Hewburg. The defendants were large dealers in coal in the city of New York. The dnst of hard coal is used in the manufacture of brick. Soft coal, if so used, destroys the brick. The warranty alleged was made by one French,—in charge, at the time, of the defendants’ coal-yard,—and was, that “ the dust was that of hard coal, and contained no…
1Opinion of the Court
By the Court.*—Emott, P. J.
—The person in the employ of the defendants who made the sale of coal-dust to the plaintiff, was authorized to make such a sale in the business of the defendants, and they are bound by the warranty given by him in the transaction. He was a general agent of the defendants, constantly in their employ, having charge of one of their yards, and accustomed at least occasionally to make sales from the yard. His authority and general employment were recognized by one of the defendants, who came into the yard before this transaction was completed, and allowed or directed him…
2Cited by9 opinions
- Johns v. JaycoxWashington Supreme Court · 1912
- Hoe v. . SanbornNew York Court of Appeals · 1867
- Draper v. SweetNew York Supreme Court · 1868
- Cooley v. PerrineSupreme Court of New Jersey · 1879
- Greenthal v. SchneiderNew York Court of Common Pleas · 1875
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