Murray v. Smith
New York Court of Common Pleas
Appeal by plaintiff from a judgment entered on the verdict of a jury. Action for goods sold and delivered. Defense, a breach of warranty as to the quality of the goods sold, by which they were rendered totally useless to the defendants. Defendants had a verdict in their favor. The facts are stated in the opinion.
1Opinion of the Court
By the Couet.*—Daly, Ch. J.
—This verdict cannot be disturbed. The judge told the jury that “ where there is some confusion or misunderstanding between the parties as to whether the property was warranted as a certain thing, or of a certain quality, the undertaking of the parties, or the intent, must be left to the jury and that they are to say as to whether there was a warranty of the goods as fit for a certain purpose, or as of a certain quality.” After this general observation he left it to the jury to say whether the lamp-black was warranted as fit to be used for printers’ ink or not, and…
2Cases cited5 opinions
- Whitney v. SuttonNew York Supreme Court · 1833
- Andrews v. KneelandNew York Supreme Court · 1826
- Rogers v. AckermanNew York Supreme Court · 1856
- Dukes v. NelsonSupreme Court of Georgia · 1859
- Blakeman v. MackayNew York Court of Common Pleas · 1856
3Cited by4 opinions
- Hargous v. . StoneNew York Court of Appeals · 1851
- Reynolds v. PalmerU.S. Circuit Court for the District of Western North Carolina · 1884
- H. B. Smith Co. v. WilliamsIndiana Court of Appeals · 1902
- Van Wyck v. AllenNew York Court of Common Pleas · 1876