Crane Co. v. Collins
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William P. Collins and another, copartners, doing business under the firm name and style of Collins Iron Works, William Collins’ Sons, Proprietors, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office; of the clerk of the county of New York on the 11th day of March, 1904, upon the verdict of a jury rendered by direction of the court after a trial at the New York Trial Term, and also from an order entered in said…
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Appeal by the defendants, William P. Collins and another, copartners, doing business under the firm name and style of Collins Iron Works, William Collins’ Sons, Proprietors, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office; of the clerk of the county of New York on the 11th day of March, 1904, upon the verdict of a jury rendered by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 29th day of March, 1904, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J. :
The action was brought to recover the agreed price of certain brass coils manufactured by the plaintiff upon an order given by the defendants. The defendants making the contract set up as a defense that the coils as manufactured did not comply with the order ; that the object of these coils was to hold steam which was known to the plaintiff; that the coils which were delivered by the *482plaintiff were negligently, improperly and defectively made, but that the defects of the same were latent and did not appear upon an inspection, but could only be detected when steam was run through…
2Cases cited11 opinions
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Gurney v. Atlantic & Great Western Railway Co.New York Court of Appeals · 1874
- Day v. . PoolNew York Court of Appeals · 1873
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3Cited by4 opinions
- Tompkins v. LambAppellate Division of the Supreme Court of the State of New York · 1907
- Robert Gair Co. v. LyonAppellate Terms of the Supreme Court of New York · 1906
- Heath Dry Gas Co. v. HurdAppellate Division of the Supreme Court of the State of New York · 1908
- Tompkins v. LambAppellate Division of the Supreme Court of the State of New York · 1907