Seixas v. Woods
New York Supreme Court
This was an action on the case for selling peachum wood for brazilletto. The former worth hardly anything, the latter of considerable value. The defendant had received the wood in question from a house in New Providence, to w'hom he was agent, and in the invoice it was mentioned as 'brazilletto. Ho had also advertised it as brazilletto, had shown the invoice to the plaintiffs, and had made out the bill of parcels for brazil-leito.
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This was an action on the case for selling peachum wood for brazilletto. The former worth hardly anything, the latter of considerable value. The defendant had received the wood in question from a house in New Providence, to w'hom he was agent, and in the invoice it was mentioned as 'brazilletto. Ho had also advertised it as brazilletto, had shown the invoice to the plaintiffs, and had made out the bill of parcels for brazil-leito. But it was not pretended that he knew that it was peachum, nor did the plaintiffs suspect it to be so, as it was delivered from the vessel, and picked out from…
1Opinion of the CourtThompson, J.
Two questions arising out of this case are presented for consideration:
1. Whrther an action can be maintained to recover back the CQ.j'/i deration money, paid under the circumstances ■stated In the case ? and if so, then,
2. "Whether the defendant, who acted only as agent or factor, can be made responsible ?
From the fact stated with respect to the first point, it ap pears that there was no express warranty by the defendant, or any fraud in the sale. The w'ood was sold and purchased as Irazilletto wood, and a fair price paid for such wood, when in fact the wood was of a different quality, and…
2Cases cited14 opinions
- Boorman v. JenkinsNew York Supreme Court · 1834
- Howard & Ryckman v. HoeyNew York Supreme Court · 1840
- Moses v. MeadCourt for the Trial of Impeachments and Correction of Errors · 1845
- Gallagher v. WaringNew York Supreme Court · 1832
- Hart v. WrightNew York Supreme Court · 1837
9 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- White v. . MillerNew York Court of Appeals · 1877
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Hawkins v. . PembertonNew York Court of Appeals · 1872
- Dounce v. . DowNew York Court of Appeals · 1876
- Sands & Crump v. Taylor & LovettNew York Supreme Court · 1810
46 more not listed; retrieve them via the Exa API.