Dounce v. . Dow
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department in favor of plaintiff, entered upon an order denying motion for a new trial and directing judgment upon a verdict. (Reported below, 6 T. & G, 653.) This action was upon a promissory note made by defendants, to the order of the plaintiff, payable at four months at the Genesee Valley National Bank.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department in favor of plaintiff, entered upon an order denying motion for a new trial and directing judgment upon a verdict. (Reported below, 6 T. & G, 653.) This action was upon a promissory note made by defendants, to the order of the plaintiff, payable at four months at the Genesee Valley National Bank. The defence was that the note was given for ten tons of “XX pipe iron,” which defendants bought of plaintiff, to be used in making castings for agricultural implements, in the manufacture of which…
1Opinion of the Court
Church, Ch. J.
The article ordered was “ XX pipe iron,” and the same was forwarded and billed as such. This was a warranty of the character of the article within the decision in Hawkins v. Pemberton (51 N. Y., 198), which modified, to some extent, the earlier decisions of Seixas v. Woods (2 Caines, 48) and Swett v. Colgate (20 J. R., 196). The words “ pipe iron ” referred to the furnace where manufactured, and “ XX ” to the brand indicating the quality. The plaintiff was not a manufacturer, but a dealer in “pig metals,” and was not presumed to know the precise quality of every lot of pigs…
2Cases cited4 opinions
- Day v. . PoolNew York Court of Appeals · 1873
- Hawkins v. . PembertonNew York Court of Appeals · 1872
- Seixas v. WoodsNew York Supreme Court · 1804
- Bartlett v. . HoppockNew York Court of Appeals · 1865
3Cited by46 opinions
- White v. . MillerNew York Court of Appeals · 1877
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Oakland Sugar Mill Co. v. Fred W. Wolf Co.Court of Appeals for the Sixth Circuit · 1902
- Hight v. BaconMassachusetts Supreme Judicial Court · 1878
- Waeber v. . TalbotNew York Court of Appeals · 1901
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