Welsh v. Carter
New York Supreme Court
This was an action of assumpsit on a promissory note. Flea, the general issue, with a notice attached, that on the trial of the cause the defendant would prove, that the note declared on belonged to John Welsh, and that the suit was prosecuted for his benefit: that the consideration of the note 1 was a quantity of barilla, purchased by the defendant of John Welsh, which was warranted to be Alicant barilla of the first quality, when, in fact, it was not Alicant barilla of the…
Read the full summary
This was an action of assumpsit on a promissory note. Flea, the general issue, with a notice attached, that on the trial of the cause the defendant would prove, that the note declared on belonged to John Welsh, and that the suit was prosecuted for his benefit: that the consideration of the note 1 was a quantity of barilla, purchased by the defendant of John Welsh, which was warranted to be Alicant barilla of the first quality, when, in fact, it was not Alicant barilla of the first , . quality, nor was it barilla, but some fraudulent preparation, made for the purposes of fraud and deceit, and…
1Opinion of the Court
By the Court,
Sutherland, J.
The judge charged the jury, “ that if they believed the article (sold by the plaintiff to the defendant) to be a fraudulent article, although they should find that there was no fraud in the vendor, yet the policy of the law cast the loss upon him as the importer of the article.” in Jewilt v. Colgate others, (20 Johns. R. 196,) the article sold, as in this case, was sold as barilla, but it proved to be not barilla, but kelp, an entirely different article, not used in this countiy, of little value for any purpose, and of none whatever for the purpose for which barilla…
2Cases cited1 opinion
- Seixas v. WoodsNew York Supreme Court · 1804
3Cited by17 opinions
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Hart v. WrightNew York Supreme Court · 1837
- McCormick v. . SarsonNew York Court of Appeals · 1871
- Waring v. MasonNew York Supreme Court · 1837
- Hill v. DillonMissouri Court of Appeals · 1913
12 more not listed; retrieve them via the Exa API.