White v. . Miller
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiffs, entered upon a verdict. The nature of the action and the facts are set forth sufficiently in the opinion. The judge erred in charging the jury that interest should be added to the damages ascertained by them. (.McMahon v. JST. Y. and Erie It.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiffs, entered upon a verdict. The nature of the action and the facts are set forth sufficiently in the opinion. The judge erred in charging the jury that interest should be added to the damages ascertained by them. (.McMahon v. JST. Y. and Erie It. Qo., 20 1ST. Y., 463; Van Rensselaer v. Jewett, 2 id., 135; Passenger v. Thorburn, 34 id., 634.) Plaintiffs were entitled to interest on the damages from the commencement of the action. {Van Rensselaer v. Jewett, 2…
1Opinion of the CourtEarl, J.
This is an action to recover damages for a breach of warranty in the sale of cabbage seeds. The warranty, as alleged and found, is that the seeds were Bristol cabbage seeds; and it was found that they were not, and that they did not produce Bristol cabbages. The rule of damages, as laid down by the trial' judge in his charge to the jury, was in conformity with the decision of this court when the case was here upon a prior appeal (71 N. Y., 118), the difference in value between the crop actually raised from the seed sown and a crop of Bristol cabbage, such as would ordinarily have been…
2Cases cited8 opinions
- White v. . MillerNew York Court of Appeals · 1877
- Dana v. . FiedlerNew York Court of Appeals · 1854
- McMahon v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
- Van Rensselaer v. JewettNew York Court of Appeals · 1849
- Adams v. . the Fort Plain BankNew York Court of Appeals · 1867
3 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Funkhouser v. J. B. Preston Co.Supreme Court of the United States · 1933
- Laycock v. ParkerWisconsin Supreme Court · 1899
- Wilson v. . City of TroyNew York Court of Appeals · 1892
- J. B. Preston Co. v. FunkhouserNew York Court of Appeals · 1933
- Bell v. ReynoldsSupreme Court of Alabama · 1885
40 more not listed; retrieve them via the Exa API.