Moses & Moses v. Mead
Court for the Trial of Impeachments and Correction of Errors
On error from the supreme court. The cause originated in the superior court of the city of New-York, where the plaintiffs sued the defendants upon an implied warranty on the sale of 194 barrels of mess beef, that it was good, sound and merchantable, when it proved to be sour, tainted and unwholesome.
Read the full summary
On error from the supreme court. The cause originated in the superior court of the city of New-York, where the plaintiffs sued the defendants upon an implied warranty on the sale of 194 barrels of mess beef, that it was good, sound and merchantable, when it proved to be sour, tainted and unwholesome. It appeared by a special verdict, that the vendor did not know of the defect in the beef, and that it ivas purchased by the plaintiffs, as provision merchants, to sell again, and not for their own consumption. The superior court gave judgment for the defendants on the special verdict, and the…
1Opinion of the Court
*618Senators Weight and Porter delivered written opinions in favor of affirming the judgment, upon substantially the same reasons contained in the opinion of Chief Justice Bronson, recognizing the distinction between the application of the rule of an implied warranty to provisions sold for consumption by the purchaser, and those sold as merchandise.
Senators Hard and Barlow delivered written opinions for reversal, upon the ground that the exception to the rule of caveat emptor is applicable to the sale of all articles of food for mankind, in whatever quantities, from motives of safety to the…
2Cited by3 opinions
- Race v. . KrumNew York Court of Appeals · 1918
- Seixas v. WoodsNew York Supreme Court · 1804
- Burch v. SpencerNew York Supreme Court · 1878