Brigg v. . Hilton
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made January 12, 1883, which affirmed a judgment in favor of defendants, entered upon a verdict, and also affirmed an order of Special Term denying a motion to set aside the verdict.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made January 12, 1883, which affirmed a judgment in favor of defendants, entered upon a verdict, and also affirmed an order of Special Term denying a motion to set aside the verdict. This action was brought to recover the price" of goods sold and delivered to the defendants in December, 1880. The allegations of the complaint were not denied, but by way of counter-claim, it was averred that in March, 1880, the defendants bought goods of the plaintiffs by…
1Opinion of the CourtDanforth, J.
There is no pretense that the plaintiffs were guilty of any fraud. The learned counsel for the defendants disclaimed it upon the trial and stated that the claim was “ for a breach of warranty.’.’ The law of the case as stated without objection by the trial judge will not allow the sale to be treated as one by sample, and the first point made by the appellants is “ that there was no evidence of a warranty.” Of course if that is so a verdict should have been entered for the plaintiffs. The appeal papers do not show that the case was settled by the trial judge, nor that they are copies of the…
2Cases cited12 opinions
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Muller v. . EnoNew York Court of Appeals · 1856
- Day v. . PoolNew York Court of Appeals · 1873
- Warner v. . New York Central R.R. Co.New York Court of Appeals · 1873
- Dounce v. . DowNew York Court of Appeals · 1876
7 more not listed; retrieve them via the Exa API.
3Cited by95 opinions
- Fairbank Canning Co. v. . MetzgerNew York Court of Appeals · 1890
- Jones v. . ReillyNew York Court of Appeals · 1903
- Studer v. . BleisteinNew York Court of Appeals · 1889
- Kreuzberger v. WingfieldCalifornia Supreme Court · 1892
- Morse v. MooreSupreme Judicial Court of Maine · 1891
90 more not listed; retrieve them via the Exa API.