Rinaldi v. . Mohican Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 8, 1916, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The doctrine of implied warranty in the sale of food products has never been applied in this state to facts like those presented in the case at bar.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 8, 1916, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The doctrine of implied warranty in the sale of food products has never been applied in this state to facts like those presented in the case at bar. (State v. Sturgis, 222 U. S. 315; Van Bracklin v. Fonda, 12 Johns. 467; Wright v. Hart, 18 Wend. 449; Divine v. McCormick, 50 Barb. 116; Burch v. Spencer, 15 Hun, 504;…
1Opinion of the CourtAndrews, J.
We have held as to a sale of food for immediate consumption made before September 1st, 1911, by a dealer who makes or prepares the articles sold that there is an implied warranty of wholesomeness. (Race v. Krum, 222 N. Y. 410.) That'is as far as any decision) of ours has gone. In Maxwell v. Marsh (173 App. Div. 1003; affirmed, without opinion, 225 N. Y. __), where tainted meat was sold in 1913, a charge to the jury that such a warranty was to be implied was made without objection. It became, therefore, the law for that case. Yet in Race v. Krum, in an opinion in which all the members of the…
2Cases cited2 opinions
- Race v. . KrumNew York Court of Appeals · 1918
- Farrell v. Manhattan Market Co.Massachusetts Supreme Judicial Court · 1908
3Cited by77 opinions
- Jacob E. Decker & Sons, Inc. v. CappsTexas Supreme Court · 1942
- Ryan v. Progressive Grocery Stores, Inc.New York Court of Appeals · 1931
- Blessington v. McCrory Stores Corp.New York Court of Appeals · 1953
- Burkhardt v. Armour & Co.Supreme Court of Connecticut · 1932
- Greco v. S. S. Kresge Co.New York Court of Appeals · 1938
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