Staiger v. Soht
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Carl Soht and another, 'from a judgment of the Supreme Court in favor of the plaintiff, entered in the office -of the clerk of the county of Kings on the 19th day of January, 1906, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 18tli day of January, 1906, 'denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
The defendants appeal from a judgment entered on the verdict of a jury in an action brought to .recover damages for breach of warranty. The facts are practically undisputed, and the only question requiring consideration is that raised by the defendants’ motion to dismiss the complaint, to wit: Does the warranty accompanying an executory sale of goods by sample where there are no express words of warranty survive acceptance by the' vendee if the defects complained of were discoverable upon inspection ?
While there may be no single case in this. State in which all of *875the elements…
2Cases cited18 opinions
- Reed v. . RandallNew York Court of Appeals · 1864
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Muller v. . EnoNew York Court of Appeals · 1856
- Day v. . PoolNew York Court of Appeals · 1873
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3Cited by5 opinions
- Tompkins v. LambAppellate Division of the Supreme Court of the State of New York · 1907
- Electro-Tint Engraving Co. v. American Handkerchief Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Larrowe Milling Co. v. Lyons Beet Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Atlantic Coast Lumber Corp. v. McCaldin Bros.Appellate Terms of the Supreme Court of New York · 1912
- Levy v. KornreichAppellate Terms of the Supreme Court of New York · 1910