Smith v. . Coe
New York Court of Appeals
Appeal from a judgment entered February 13, 1901, upon an order of the Appellate Division of the Supreme Court in the first judicial department, overruling defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment upon a verdict directed by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered February 13, 1901, upon an order of the Appellate Division of the Supreme Court in the first judicial department, overruling defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment upon a verdict directed by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff gave an express warranty that the goods were equal in quality to the sample. (2 Mechem on Sales, § 1237; Salisbury v. Stainer, 19 Wend.…
1Opinion of the CourtO’Bkieh, J.
This was an action to recover the price of certain goods sold and delivered by the plaintiff to the defendants. At the trial the court directed a verdict for the plaintiff, and the defendants’ exceptions were subsequently reviewed at the Appellate Division, where they were over ruled and judgment directed for the plaintiff on the verdict. From the judgment thus entered the case comes here upon appeal.
The defense to the action, as disclosed by the argument in this court, was" a breach of warranty. It was claimed that the goods were sold by sample, and that, therefore, there was an express…
2Cases cited10 opinions
- Marston v. . SwettNew York Court of Appeals · 1876
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Gurney v. Atlantic & Great Western Railway Co.New York Court of Appeals · 1874
- Fleischmann v. . SternNew York Court of Appeals · 1882
- Rodgers v. . ClementNew York Court of Appeals · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- A. & S. Henry & Co. v. TalcottNew York Court of Appeals · 1903
- Hoffman v. American Mills Co.Court of Appeals for the Second Circuit · 1923
- Banzer v. RichterNew York Supreme Court · 1910
- Pullen v. Seaboard Trading Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Segerstrom v. Holland Piano Manufacturing Co.Supreme Court of Minnesota · 1919
23 more not listed; retrieve them via the Exa API.