Wood v. E. & H. T. Anthony & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, E. & H. T. Anthony & Company, from an order of the Supreme Court, made at the Orange Special Term and entered in the office of the clerk of the county of Orange on the 10th day of June, 1902, allowing the plaintiff to serve an amended complaint.
1Opinion of the Court
Hirschberg, J.:
The action was commenced on May 13, 1901, and was tried in November of that year. The complaint alleged in substance that the defendant, a domestic corporation, manufactured and sold in packages a certain powder called “ Anthony’s Pure Metallic Magnesium,” which it warranted to buyers and users to be entirely free from explosive compounds, and to be safe for use with any of the ordinary flash lamps; that the plaintiff’s ward, in reliance upon the warranty, purchased a package of the powder from one of the defendant’s sales agents; that the warranty was false, and that while the…
2Cases cited6 opinions
- White v. . MillerNew York Court of Appeals · 1877
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- Shippen v. BowenSupreme Court of the United States · 1887
- Bruce v. Fiss, Doerr & Carroll Horse Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Milburn v. . BelloniNew York Court of Appeals · 1868
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3Cited by4 opinions
- Razey v. J. B. Colt Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Ellen v. HeacockAppellate Division of the Supreme Court of the State of New York · 1936
- Case v. HardenbrookAppellate Division of the Supreme Court of the State of New York · 1933
- Davis v. Bessemer City Cotton MillsCourt of Appeals for the Fourth Circuit · 1910