Bayard v. Smith
New York Supreme Court
Demurrer to declaration. The plaintiffs declared in case, for that whereas they, on, &c., at, &c., purchased of the defendant, and ho then and there delivered to them a large quantity of gypsum, being a commodity and article of trade, as and for 380 tons of gypsum; and that the defendant, on, &c., at, &c., in weighing the said quantity of gypsum, in order to deliver the same to the plaintiffs, pursuant to the said purchase, did then and there use certain weights, that is to…
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Demurrer to declaration. The plaintiffs declared in case, for that whereas they, on, &c., at, &c., purchased of the defendant, and ho then and there delivered to them a large quantity of gypsum, being a commodity and article of trade, as and for 380 tons of gypsum; and that the defendant, on, &c., at, &c., in weighing the said quantity of gypsum, in order to deliver the same to the plaintiffs, pursuant to the said purchase, did then and there use certain weights, that is to say, 10 iron weights as weighing in the whole 480 pounds,' and 6 stone weights as weighing in all 520 pounds, which…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
This action was brought upon the following section of the revised statutes; “ If any person or persons shall hereafter use any weights, measures or beams in weighing or measuring, which shall not be conformable to the standards of this state, established in this title, whereby any purchaser of any commodity or article of trade or traffic, shall be injured or defrauded, such purchaser may maintain an action on the case against the offender; and if judgment shall be rendered for the plaintiff, he shall recover treble damages, with costs of suit ” (1 R. S. 611. §33).…
2Cited by15 opinions
- Kennayde v. Pacific RailroadSupreme Court of Missouri · 1870
- Swinnerton v. . Columbian Insurance Co.New York Court of Appeals · 1867
- Levy v. Superior Court of San FranciscoCalifornia Supreme Court · 1895
- Jahns v. NoltingCalifornia Supreme Court · 1866
- Baxter v. CampbellSouth Dakota Supreme Court · 1903
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