Swain v. . Schieffelin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 8, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict. This was an action to recover damages for an alleged breach of contract of sale. The facts, so far as material, are stated in the opinion.
1Opinion of the Court
In 1888 and 1889 the defendants were druggists and engaged in business at the city of New York. In those years the plaintiff was a manufacturer of ice cream and ices at the city of Brooklyn, which he sold to persons and families for immediate consumption. The defendants knew the character of the business in which the plaintiff was engaged. December 28, 1888, the defendants, for $2, sold and delivered to the plaintiff a bottle of "carlet red," which they had previously manufactured, representing "that it was absolutely pure and harmless." The defendants knew that it was purchased for coloring…
2Cases cited5 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Baker v. . DrakeNew York Court of Appeals · 1873
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- Bergmann v. . JonesNew York Court of Appeals · 1883
- Hallock v. MillerNew York Supreme Court · 1848
3Cited by38 opinions
- Ryan v. Progressive Grocery Stores, Inc.New York Court of Appeals · 1931
- Freund v. Washington Square Press, Inc.New York Court of Appeals · 1974
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Royal Paper Box Co. v. Munro & Church Co.Massachusetts Supreme Judicial Court · 1933
- Accumulator Co. v. Dubuque St. Ry. Co.Court of Appeals for the Eighth Circuit · 1894
33 more not listed; retrieve them via the Exa API.