Gallagher v. Waring
New York Supreme Court
This was an action of assumpsit, tried at the New-York circuit in March, 1830, before the Hon. Ogden Edwards, one of the circuit judges. The plaintiffs claimed to recover damages for a breach of warranty in the sale to them by the defendants of 50 bales of cotton, alleging the sale to have been made by sample, and that the bulk of the commodity, when opened in a foreign market, proved to be of a quality inferior to the samples exhibited.
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This was an action of assumpsit, tried at the New-York circuit in March, 1830, before the Hon. Ogden Edwards, one of the circuit judges. The plaintiffs claimed to recover damages for a breach of warranty in the sale to them by the defendants of 50 bales of cotton, alleging the sale to have been made by sample, and that the bulk of the commodity, when opened in a foreign market, proved to be of a quality inferior to the samples exhibited. The declaration in the first count charged a sale by sample ; and in the second a warranty was alleged that the cotton was good merchantable cotton, free…
1Opinion of the Court
By the Court,
Nelson J.
If the second samples which were drawn had been of a superior quality, to the first, there .¡night have been some plausibility in the argument that the sale ought not to be viewed as one by sample on the part of the defendants, as they had not seen the second samples. It might then have been urged, that they did not intend to recommend the bulk of the cotton beyond the quality and condition exhibited by the samples which they had seen. The fact, however, is otherwise. Both samples were alike. The plaintiffs were satisfied with the quality of the first, and were *26to buy if…
2Cases cited2 opinions
- Bradford v. ManlyMassachusetts Supreme Judicial Court · 1816
- Peltier v. CollinsNew York Supreme Court · 1830
3Cited by31 opinions
- Seixas v. WoodsNew York Supreme Court · 1804
- Barnett v. StantonSupreme Court of Alabama · 1841
- Howard & Ryckman v. HoeyNew York Supreme Court · 1840
- Bradford v. ManlyMassachusetts Supreme Judicial Court · 1816
- Magee v. BillingsleySupreme Court of Alabama · 1842
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