Holden v. Dakin
New York Supreme Court
IN error on certiorari, from a justice’s cotirt. Dakin sued Holden, before a justice, and declared that he, Dakin, purchased two kegs of paint, for Spanish brown, of 56 pounds each, at 9d. per pound, and two kegs of white lead, of 28 pounds each, at Is. 7d. per pound, which paints were adulterated, and of an inferior quality, and in fact were not Spanish brown or while lead., nor good for any thing. The defendant pleaded not guilty.
Read the full summary
IN error on certiorari, from a justice’s cotirt. Dakin sued Holden, before a justice, and declared that he, Dakin, purchased two kegs of paint, for Spanish brown, of 56 pounds each, at 9d. per pound, and two kegs of white lead, of 28 pounds each, at Is. 7d. per pound, which paints were adulterated, and of an inferior quality, and in fact were not Spanish brown or while lead., nor good for any thing. The defendant pleaded not guilty. Upon the trial, the defendant acknowledged the sale of the paints. The plaintiff proved that the Spanish brown so bought, was of a very inferior quality, and much…
1Per curiam
Here was no express warranty, as to the quality of the paints. All that was proved upon the trial was, that the clerk of the vendor sold the paints for good paints, and at a fair price ; but this was .not sufficient to raise a warranty. This point has been frequently determined. (2 Caines, 48. 1 Johns. Rep. 96. 129. 274.) If a warranty was to be inferred from these *422circumstances, then, as the court observed, in Snell v. Moses, ( 1 Johns. Rep. 96.) a warranty would be universal, upon every bona fide sale, at the usual price, unless there was a stipulation to the contrary. There was no pretence…
2Cases cited1 opinion
- Seixas v. WoodsNew York Supreme Court · 1804
3Cited by13 opinions
- Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
- Jackson v. StockbridgeTexas Supreme Court · 1867
- Oneieda Manufacturing Society v. LawrenceNew York Supreme Court · 1825
- Beirne and Burnside v. . DordNew York Court of Appeals · 1851
- Humphreys v. ComlineIndiana Supreme Court · 1847
8 more not listed; retrieve them via the Exa API.