Bierman v. . City Mills Co.
New York Court of Appeals
Appeal from a judgment of the Greneral Term of the Court of Common Pleas for the city and county of New York, entered November 7, 1894, which affirmed a. judgment in favor of defendant entered upon a verdict directed by the court at a Trial Term, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Greneral Term of the Court of Common Pleas for the city and county of New York, entered November 7, 1894, which affirmed a. judgment in favor of defendant entered upon a verdict directed by the court at a Trial Term, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. To justify a nonsuit no construction of the evidence or inference drawn from the facts must have warranted a conclusion in plaintiffs’ favor, and the verdict of a jury the other way must have been set…
1Opinion of the CourtGray, J.
The plaintiffs brought this action to recover damages of the defendant for a breach of u'arranty in the sale of felt cloths; and, as there was no written contract at the time, it is essential to know the facts and circumstances, under which the sales were made. The plaintiffs were engaged in business in the city of Hew York, as manufacturers of clothing. The defendant, a Massachusetts corporation, was engaged in the business of the manufacture and sale of felt goods. The plaintiffs alleged that the defendant, through its lawfully authorized agent, had represented to them that it manufactured…
2Cases cited6 opinions
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Howard & Ryckman v. HoeyNew York Supreme Court · 1840
- Smith v. . TracyNew York Court of Appeals · 1867
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3Cited by32 opinions
- Ryan v. Progressive Grocery Stores, Inc.New York Court of Appeals · 1931
- Smith v. . CoeNew York Court of Appeals · 1902
- Barrett Co. v. Panther Rubber Mfg. Co.Court of Appeals for the First Circuit · 1928
- E. P. Moorhead v. Minneapolis Seed Co.Supreme Court of Minnesota · 1917
- Matter of Casualty Co. (Bliss Co. Claim)New York Court of Appeals · 1929
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