Legal Opinion

Clark v. Holmes

New York Supreme Court

Decided February 15, 1808PublishedCited by 2 opinions

IN error, on certiorari. The plaintiff below, declared agamst the .defendant below, on a warranty, in the sale of pork. The plaintiff alleged, "that he purchased of the defendant, one hundred pounds of pork, for which he paid him 10 dollars ; and that the defendant, at the time of the sale, warranted the pork to be good and wholesome> when, in fact, it was bad and unwholesome, and totally unfit for use; and that the plaintiff, immediately, after he had examined the pork,- at…

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IN error, on certiorari. The plaintiff below, declared agamst the .defendant below, on a warranty, in the sale of pork. The plaintiff alleged, "that he purchased of the defendant, one hundred pounds of pork, for which he paid him 10 dollars ; and that the defendant, at the time of the sale, warranted the pork to be good and wholesome> when, in fact, it was bad and unwholesome, and totally unfit for use; and that the plaintiff, immediately, after he had examined the pork,- at home, returned it to the defendant, and demanded the 10 dollars, and the charges of transportation. The defendant…

1Per curiam

It was not necessary to make Hyde a party in the suit. The plaintiff had a right to bring his action against the partner who made the warranty, without joining his copartner. The judgment below must be affirmed.

Judgment affirmed.

2Cited by2 opinions

  1. Edmondson v. BarrellU.S. Circuit Court for the District of District of Columbia · 1821
  2. Journey v. HuntSupreme Court of New Jersey · 1794

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