Hawkins v. . Pemberton
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of ¡New York in favor of plaintiff, entered upon an order denying motion for a new trial, and directing judgment upon verdict. This action was brought to recover damages for an alleged breach of contract of purchase. The defence was a breach of warranty as to the character of the article purchased, also fraud.
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Appeal from judgment of the General Term of the Superior Court of the city of ¡New York in favor of plaintiff, entered upon an order denying motion for a new trial, and directing judgment upon verdict. This action was brought to recover damages for an alleged breach of contract of purchase. The defence was a breach of warranty as to the character of the article purchased, also fraud. On the 16th of January, 1867, Burdett, Jones Co., who were auctioneers in the city of Hew York, sold for the plaintiff twenty-three barrels of what was called blue vitriol. • The auctioneer, at the time of the…
1Opinion of the Court
Earl, C.
This action was brought against the defendants as purchasers of an article called, at the time of the sale, blue vitriol, to recover damages for refusing to take and pay for the same, and upon the trial the court refused to submit the evidence to the jury and ordered a verdict for the plaintiff.
The defendants failed to establish their defence of fraud, and upon that question I think there was no evidence to submit to the jury. We have only, therefore, to consider whether there was evidence tending to show that the plaintiff at the sale warranted the article to be blue vitriol, sound…
2Cases cited6 opinions
- Seixas v. WoodsNew York Supreme Court · 1804
- Bradford v. ManlyMassachusetts Supreme Judicial Court · 1816
- Swett v. ColgateNew York Supreme Court · 1822
- Hart v. WrightNew York Supreme Court · 1837
- Binnard v. SpringNew York Supreme Court · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- White v. . MillerNew York Court of Appeals · 1877
- Fairbank Canning Co. v. . MetzgerNew York Court of Appeals · 1890
- Dounce v. . DowNew York Court of Appeals · 1876
- Lumbrazo v. WoodruffNew York Court of Appeals · 1931
- Van Wyck v. . AllenNew York Court of Appeals · 1877
57 more not listed; retrieve them via the Exa API.