Howard & Ryckman v. Hoey
New York Supreme Court
This was action of assumpsit, to recover the price of a quantity of ale sold by tbe plaintiffs, brewers, residing at Albany, to the defendant, a dealer in ale, residing at New- Orleans. The contract was made in the city of New-York, in September or October, 1835. The ale was to be good and merchantable, such as the plaintiffs were in the habit of sending south, and was to be delivered on ship board in the city of New-York, at $6,37^ per barrel.
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This was action of assumpsit, to recover the price of a quantity of ale sold by tbe plaintiffs, brewers, residing at Albany, to the defendant, a dealer in ale, residing at New- Orleans. The contract was made in the city of New-York, in September or October, 1835. The ale was to be good and merchantable, such as the plaintiffs were in the habit of sending south, and was to be delivered on ship board in the city of New-York, at $6,37^ per barrel. There was no warranty against sourness. The cause was heard before referees. It was proved that 202 barrels of ale were forwarded by the plaintiffs in…
1Opinion of the Court
'Cowen, J.
By the Court, From the frequent allusion made by the plaintiffs’ main, and indeed I may almost say, only witness, it seems to have been thought that, in the absence of fraud, of which there was no direct proof, an express warranty of quality was necessary to lay a foundation for the defence ; and I am inclined to think the referees must have entertained this opinion, though that is not said directly, nor probably could it be, as the case comes here on the affidavit of the defendant’s counsel.
Whether it was so or not, the law is clearly otherwise. It is not necessary to deny, that,…
2Cases cited3 opinions
- Gallagher v. WaringNew York Supreme Court · 1832
- Hart v. WrightNew York Supreme Court · 1837
- Sterling v. SherwoodNew York Supreme Court · 1822
3Cited by47 opinions
- Reed v. . RandallNew York Court of Appeals · 1864
- Seixas v. WoodsNew York Supreme Court · 1804
- Robinson Machine Works v. ChandlerIndiana Supreme Court · 1877
- Moses v. MeadCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hargous v. . StoneNew York Court of Appeals · 1851
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