Norwich Light Co. v. Ames
Appellate Division of the Supreme Court of the State of New York
Appeal in both actions,- which were consolidated, by Leonard' Ames and others from a judgment of the Supreme Court in favor of the Norwich Light Company, entered in the office of the clerk of the county of Chenango on the 30th day of June, 1902, upon the report of a referee, and also from an order entered in said clerk’s office on Lie 23d day of May, 1902, denying the appellants’ motion to set aside the said report of the referee and for a new trial.
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Appeal in both actions,- which were consolidated, by Leonard' Ames and others from a judgment of the Supreme Court in favor of the Norwich Light Company, entered in the office of the clerk of the county of Chenango on the 30th day of June, 1902, upon the report of a referee, and also from an order entered in said clerk’s office on Lie 23d day of May, 1902, denying the appellants’ motion to set aside the said report of the referee and for a new trial. The appellants entered into a contract April 30,1894, with the respondent, the Norwich Light Company, for the erection and installation of two…
1Opinion of the Court
Chester, J.:
The second trial of this case was held six years after the appellants had surrendered the plant to the respondent. So far as the evidence shows, it never returned or offered to return it to the appellants. On the contrary, it has ever since kept and used it, with knowledge of all its alleged defects. It undoubtedly had the *322legal right to do this and to rely upon the express warranty contained in the contract for protection. (Hooper v. Story, 155 N. Y. 171 ; Rust v. Eckler, 41 id. 488; Day v. Pool, 52 id. 416 ; Fair-bank Canning Co. v. Metzger, 118 id. 260 ; Brigg v. Hilton, 99 id.…
2Cases cited4 opinions
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
- Hooper v. . StoryNew York Court of Appeals · 1898
- Bates v. Fish Bros.Appellate Division of the Supreme Court of the State of New York · 1900
- Isaacs v. . WanamakerNew York Court of Appeals · 1907
3Cited by2 opinions
- Condict v. . Onward Construction Co.New York Court of Appeals · 1913
- Smith v. HedgesNew York Supreme Court · 1915