American Forcite Powder Manufacturing Co. v. Brady
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, American Forcite Powder Manufacturing Company, from a judgment .of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 11th day of October, 1895, upon the verdict of a jury rendered after a trial at the New. York Circuit, and also from an order entered in said clerk’s office on the 1st day of November, 1895, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Van Brunt, P. J.:
This action was brought to .reco ver ail alleged balance due upon an account for goods, wares and merchandise, claimed to have been sold by the plaintiff to the defendant. The answer admitted the purchase of certain goods specified in the complaint during the times therein stated, and alleged, as a counterclaim and set-off, that' the goods so purchased by him were for blasting purposes, of which fact the plaintiff was well aware at the time of the sale, and sold to defendant said goods to be used for such purpose, warranting the same to be fit and suitable therefor, and that,…
2Cases cited2 opinions
- Swain v. . SchieffelinNew York Court of Appeals · 1892
- Gentilli v. . StaraceNew York Court of Appeals · 1892
3Cited by5 opinions
- Reynolds v. General Electric Co.Court of Appeals for the Eighth Circuit · 1905
- Coleman v. Simpson, Hendee & Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Mountain Iron & Supply Co. v. BradenDistrict Court, D. Kansas · 1929
- Canavan v. City of MechanicvilleAppellate Division of the Supreme Court of the State of New York · 1920
- Hall v. New York, Chicago & St. Louis RailroadAppellate Division of the Supreme Court of the State of New York · 1907