Snowden v. Warder
Supreme Court of Pennsylvania
in error. Error to the Court of Common Pleas of the city and county of Philadelphia. On the trial of this cause, the plaintiff below’, William S. Warder, offered evidence to prove, that it is the custom of trade in Philadelphia, in respect to the purchase and sale of cotton, that the vendor shall answer to the vendee for any latent defect in the article sold, which shall upon examination be discovered, without either warranty or fraud on the part of the vendor.
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in error. Error to the Court of Common Pleas of the city and county of Philadelphia. On the trial of this cause, the plaintiff below’, William S. Warder, offered evidence to prove, that it is the custom of trade in Philadelphia, in respect to the purchase and sale of cotton, that the vendor shall answer to the vendee for any latent defect in the article sold, which shall upon examination be discovered, without either warranty or fraud on the part of the vendor. He also offered evidenpe to prove such custom, where the damage arises from' fraud in packing, on the part of the exporter of the…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The common law readily adapts itself to the regulation of the various and complicated transactions of civilized communities. If any alteration in the. condition and habits of society require the introduction of new principles, the common law receives such modifications, as correspond to the change in the different departments of social and civilized life. This is a safe mode of legislating, and not liable to error. If a custom or usage be not universal in its operation, the common law nevertheless permits that class of citizens, who have…
2Cases cited2 opinions
- Pearsall v. DwightMassachusetts Supreme Judicial Court · 1806
- Gordon & Walker v. LittleSupreme Court of Pennsylvania · 1822
3Cited by24 opinions
- Barnard v. KelloggSupreme Court of the United States · 1871
- Barlow v. LambertSupreme Court of Alabama · 1856
- United States v. KnappCourt of Appeals for the Tenth Circuit · 2019
- Mays v. DeaverSupreme Court of Iowa · 1855
- Carey v. BrightSupreme Court of Pennsylvania · 1868
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