Foot v. . Bentley
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the fifth district, affirming a judgment in favor of the plaintiff upon trial before Mi’. Justice Foster, without a jury. In March, 1863, the defendants were doing business in the city of New York as wholesale merchants of teas and sugars, etc.
Read the full summary
Appeal from an order of the General Term of the Supreme Court, in the fifth district, affirming a judgment in favor of the plaintiff upon trial before Mi’. Justice Foster, without a jury. In March, 1863, the defendants were doing business in the city of New York as wholesale merchants of teas and sugars, etc. Their traveling agent on the 19th of that month, called on the plaintiff at his place of business in ¡Rome, Oneida county, with various samples of tea belonging to the defendants for sale, one of which the plaintiff examined. The agent did not know how many packages of that kind the…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] One of the principal grounds relied upon by the appellant's counsel for the reversal of the judgments appealed from, is that the paper of March 21st, 1863, made by the defendant's entry clerk, stating the number of packages of tea bought by the plaintiffs, the total sum to which they amounted, and the plaintiff's subsequent order to forward the tea, being the only written evidence of the bargain, parol evidence of the warranty should have been excluded, or not…
2Cases cited2 opinions
- Reed v. . RandallNew York Court of Appeals · 1864
- Muller v. . EnoNew York Court of Appeals · 1856
3Cited by11 opinions
- Day v. . PoolNew York Court of Appeals · 1873
- State v. HalsteadSupreme Court of Iowa · 1887
- Anglo-American Packing & Provision Co. v. CannonU.S. Circuit Court for the Southern District of Georgia · 1887
- Seibert's Assignee v. RagsdaleCourt of Appeals of Kentucky · 1898
- Staiger v. SohtAppellate Division of the Supreme Court of the State of New York · 1907
6 more not listed; retrieve them via the Exa API.