Ives v. Ellis
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Brayton Ives, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of ISTew York on the 15th day of March, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 16tli day of March, 1899, denying the plaintiff’s motion for a new trial made upon the minutes. This appeal was transferred from the first department to the second department.
1Opinion of the Court
• Goodrich, P. J.:
Upon his return to Spain from his first voyage across the Atlantic, Columbus wrote to his patron and friend, Luis de Sant Angel, a letter describing the voyage and what he saw. This letter seems to have been printed at once for distribution, according to the methods used at that time. Few copies are extant, and they are of great value.
The plaintiff alleged in the complaint that in March, 1890, the defendants sold him a book purporting to be one of such copies, and “ represented and expressly warranted to plaintiff that the said book or document was a printed copy…
2Cases cited3 opinions
- Seixas v. WoodsNew York Supreme Court · 1804
- M'Farland v. NewmanSupreme Court of Pennsylvania · 1839
- Welsh v. CarterNew York Supreme Court · 1828
3Cited by6 opinions
- Green v. StateCourt of Appeals of Georgia · 1971
- Tallent v. McKelveyCourt of Appeals of Georgia · 1962
- Powers v. PateCourt of Appeals of Georgia · 1962
- Kilgore v. BuiceSupreme Court of Georgia · 1972
- Green v. StateCourt of Appeals of Georgia · 1971
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