Hargous v. . Stone
New York Court of Appeals
* Appeal from the general term of the Supreme Court, in the first district, where a judgment of nonsuit, entered in the Superior Court of the city of New York, had been affirmed, on error. This was an action to recover damages for the breach of an implied warranty, on a sale by the defendant to the plaintiff, of 40,000 yards, of brown cotton sheeting, to contain thirty threads in the quarter of a Spanish square inch.
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* Appeal from the general term of the Supreme Court, in the first district, where a judgment of nonsuit, entered in the Superior Court of the city of New York, had been affirmed, on error. This was an action to recover damages for the breach of an implied warranty, on a sale by the defendant to the plaintiff, of 40,000 yards, of brown cotton sheeting, to contain thirty threads in the quarter of a Spanish square inch. In July 1848, the plaintiff received an order from Mexico, for 40,000 yards of brown cotton sheeting. By the law then in force in that country, the importation of cotton goods,…
1Opinion of the Court
*P1ige, J-
The counsel for the appellant in-bists, that the sale of the goods in question was by sample; and that such sale implied, on the part of the vendor, a warranty that the bulk of the goods corresponded in fineness with the sample; and that the appellant is entitled to recover the entire value of the goods, together with all moneys paid for freight, insurance, commissions, cartage, &c., as damages for the breach of the contract of warranty.
Caveat emptor is an ancient rule *of the common law, and stands in contradistinction to the rule of caveat venditor of the civil law. An implied…
2Cases cited20 opinions
- Barnard v. KelloggSupreme Court of the United States · 1871
- Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
- Seixas v. WoodsNew York Supreme Court · 1804
- Boorman v. JenkinsNew York Supreme Court · 1834
- Howard & Ryckman v. HoeyNew York Supreme Court · 1840
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3Cited by35 opinions
- Ryan v. Progressive Grocery Stores, Inc.New York Court of Appeals · 1931
- Coplay Iron Co. (Ltd.) v. PopeNew York Court of Appeals · 1888
- Mayer v. . DeanNew York Court of Appeals · 1889
- Bagley v. Cleveland Rolling Mill Co.U.S. Circuit Court for the District of Northern New York · 1884
- Collette v. WeedWisconsin Supreme Court · 1887
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