Gentilli v. . Starace
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Mew York, made June 1, 1891, which reversed a judgment in favor of defendant, entered upon the report of a referee, vacated the order of reference and granted a new trial. This was an action upon a promissory note. The facts, so far as material, are stated in the opinion. The question “ whether there is a warranty or not must depend upon the circumstances of each particular case.”
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Appeal from order of the General Term of the Superior Court of the city of Mew York, made June 1, 1891, which reversed a judgment in favor of defendant, entered upon the report of a referee, vacated the order of reference and granted a new trial. This was an action upon a promissory note. The facts, so far as material, are stated in the opinion. The question “ whether there is a warranty or not must depend upon the circumstances of each particular case.” (Hoe v. Sanborn, 21 N. Y. 563; Duffee v. Muson, 8 Cow. 26.) Under the circumstances in this case there was an express warranty that the wine…
1Opinion of the CourtGray, J.
The plaintiff, who was a commission merchant in Yew York city, sold to the defendant, who was engaged in the same business, certain wines through a broker; whose note of the sale stated it to be of “ 169 cases Prosperi’s Chianti Wine, just arrived per S. S. 1 Trinacria ’ at the prices and terms hereinafter mentioned, to wit (giving quantities and prices). * * * All to be in good merchantable order. Delivery on steamer’s dock. The said goods to be approved by buyer within three days after delivery. Terms, payment by notes for one-half the amount each, at 60 and 90 days respectively * *
The…
2Cases cited2 opinions
- Reed v. . RandallNew York Court of Appeals · 1864
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