English v. Hanford
New York Supreme Court
Appeal from circuit court, Tompkins county. Action by Minnie English against Joel Hanford. From a judgment entered on a verdict in favor of plaintiff for $70 damages, and from an order denying a motion for a new trial, defendant appeals. Reversed.
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Appeal from circuit court, Tompkins county. Action by Minnie English against Joel Hanford. From a judgment entered on a verdict in favor of plaintiff for $70 damages, and from an order denying a motion for a new trial, defendant appeals. Reversed. Plaintiff, in her complaint, alleges that in August, 1887, “she was induced by the defendant to purchase of him an Ithaca organ, No.-, upon representations by the defendant that said organ was new, and first-class in every particular, and which plaintiff believed and relied upon; that defendant, for the purchase price of said organ, induced…
1Opinion of the CourtHardin, P. J.
At the commencement of the trial the defendant’s counsel asked the direction of the court to the plaintiff’s counsel “to elect whether he will prosecute this action for deceit in *673tort, or whether for breach of warranty on contract.” Thereupon, the court observed: “As I understand it, it is announced to be an action for breach of warranty. * *" You do not claim now that there is anything but a breach of warranty?” To which question the plaintiff’s counsel replied, “That is all.” When the defendant was giving evidence, the question arose as to whether it was admissible to prove the rental value…
2Cases cited2 opinions
- Osborn v. . GantzNew York Court of Appeals · 1875
- Mayo v. . KnowltonNew York Court of Appeals · 1892
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- Roach v. CurtisAppellate Division of the Supreme Court of the State of New York · 1906
- Peuser v. MarshAppellate Division of the Supreme Court of the State of New York · 1915
- Skoog v. Mayer Bros.Supreme Court of Minnesota · 1913
- Woodford Distilling Co. v. Remington Typewriter Co.Appellate Court of Illinois · 1912
- G. B. Shearer Co. v. Kakoulis, New York County Courts1913
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