Matthes v. Benn
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Jacob Matthes, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance after a verdict had been rendered in defendant’s favor.
1Opinion of the Court
Smith, J.:
This plaintiff sold to this defendant some goods which were to be made up in boys’ suits. It was the custom when goods were thus sold, for the purchaser to send them to a sponger, who sponged them and inspected them, and if there were any defects in the goods they warned the purchaser at that time. The defendant’s evidence is to the effect that upon the recommendation of the plaintiff he picked out the Peerless Cloth Sponging Works and that the plaintiff stated to the defendant at the time that he knew them and that he would guarantee their work and that they were all right. No…
2Cases cited1 opinion
- Matthes v. BennAppellate Terms of the Supreme Court of New York · 1919
3Cited by2 opinions
- Hazelton v. First National Stores, Inc.Supreme Court of New Hampshire · 1937
- Schnitzer v. LangAppellate Division of the Supreme Court of the State of New York · 1924