Vibbard & Abbott v. Johnson
New York Supreme Court
IN ERROR to the Court of Common Pleas of Saratoga county. An action was brought by Johnson, in the Court below, against Vibbard <£• Abbott, for a chest of tea sold and delivered. At the trial, it was proved, that in April. 1815, Abbott applied to Johnson for a chest of tea, and desired /« to let him have it, and account to Noah Vibbard for it. J. refused, tellihg A. that if he took it, he must pay him for it. A. then agreed to take the tea.
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IN ERROR to the Court of Common Pleas of Saratoga county. An action was brought by Johnson, in the Court below, against Vibbard <£• Abbott, for a chest of tea sold and delivered. At the trial, it was proved, that in April. 1815, Abbott applied to Johnson for a chest of tea, and desired /« to let him have it, and account to Noah Vibbard for it. J. refused, tellihg A. that if he took it, he must pay him for it. A. then agreed to take the tea. The weight and price were ascertained, and a bill Was made out in the name of T. V. and A., who were then partners, as purchasers, and the tea was…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court.
There is no doubt that in every sale of a chattel for a sound price, there is a tacit and implied warranty that the vendor is the owner and has a right to sell. If, therefore, after the sale by Johnson N. Vibbard had asserted his right to the chest of tea, by suing the defendants and recovering, this would have been a good defence to the action: and if the recovery was subsequent to the trial of the cause between these parties, it would have furnished a good cause of, action on the implied warranty.
The defendants have seen fit to satisfy JY.…
2Cited by14 opinions
- Lamerson v. MarvinNew York Supreme Court · 1850
- Sweetman v. . PrinceNew York Court of Appeals · 1863
- Gross v. KierskiCalifornia Supreme Court · 1871
- Estelle v. PeacockMichigan Supreme Court · 1882
- Reynolds v. PalmerU.S. Circuit Court for the District of Western North Carolina · 1884
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