Cooper v. . Payne
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 20, 1905, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. There was an implied warranty by the plaintiff that the machine was fit for the special purpose for which it was designed.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 20, 1905, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. There was an implied warranty by the plaintiff that the machine was fit for the special purpose for which it was designed. (Edwards v. N. Y. C. & H. R. R. R. Co., 98 N. Y. 247; Carleton v. Lombard, Ayres & Co., 149 N. Y. 145; Bierman v. City Hills…
1Opinion of the CourtWerner, J.
The action is upon a promissory note which is one of several notes given by the defendant to the plaintiff for a part of the purchase price of a knitting machine sold by the latter to the former. The defendant’s answer alleges the breach of an express warranty as to the character, quality and amount of work which this machine was designed to do. Evidence was offered to support these allegations and excluded upon the theory that it was inadmissible to vary the terms of the contract, which the learned trial court regarded as having been wholly reduced to writing. The questions presented by the…
2Cases cited3 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Eighmie v. . TaylorNew York Court of Appeals · 1885
3Cited by10 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- Edison Electric Illuminating Co. v. ThacherNew York Court of Appeals · 1920
- Cable Co. v. McElhoeIndiana Court of Appeals · 1915
- Herrington v. VerrilliDistrict Court, S.D. New York · 2001
- Weiss v. SalamoneAppellate Division of the Supreme Court of the State of New York · 1986
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