Driggs v. Schuyler
New York Supreme Court
Appeal from circuit court, Cayuga county. Action by John F. Driggs et al. against Franklin Schuyler on a promissory note. Judgment for plaintiffs, and defendant appeals.
1Opinion of the CourtHaight, J.
This action was brought upon a promissory note given in renewal of another note which was given by the defendant to the plaintiffs for the purchase price of a quantity of lumber. The second defense set forth in the answer is to the effect that the lumber sold to him by the plaintiffs was represented and warranted to be well seasoned, dried, and fit for siding a house; that it would not shrink, etc.; whereas, in fact, it was unseasoned, and not suitable for siding a house, and was worthless, to the defendant’s damage of $200. The third defense set forth in the defendant’s answer is to the…
2Cases cited2 opinions
- Muller v. . EnoNew York Court of Appeals · 1856
- Alexander v. . HardNew York Court of Appeals · 1876