Brown v. Tuttle
New York Supreme Court
MOTION by the defendant for a new trial, upon a case and exceptions directed to be heard at a General Term in the first instance. The action was brought upon a promissory note given by the defendant for the purchase price of five hundred rhubarb plants sold by the plaintiff to the defendant.
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MOTION by the defendant for a new trial, upon a case and exceptions directed to be heard at a General Term in the first instance. The action was brought upon a promissory note given by the defendant for the purchase price of five hundred rhubarb plants sold by the plaintiff to the defendant. The answer alleged that the plaintiff represented and warranted that these plants were wine plants, and were not the ordinary rhubarb or pie-plant, and that said plants were valuable for wine producing purposes, and would produce a valuable high flavored wine in largely paying quantities, whereas in truth…
1Opinion of the CourtMullin, J.
This action was brought to recover the amount of a note made by the defendant and delivered to, and held by, the plaintiff. The making of the note was conceded. The defence set up in the answer, and insisted upon at the trial, was that the note was given for the price of a quantity of rhubarb plants, known as wine plants, sold by the plaintiff to the defendant upon the representation and warranty that said plants were wine plants, and were not of the same species as the common rhubarb or pie-plant, but were of much greater value, and of an entirely different nature and variety, and that these…
2Cases cited1 opinion
- Bennett v. . JudsonNew York Court of Appeals · 1860
3Cited by3 opinions
- Combs v. Shrewsbury Mutual Fire InsuranceNew Jersey Court of Chancery · 1881
- Rawson v. LyonDistrict Court, S.D. New York · 1885
- Taylor v. BallardNew York Supreme Court · 1888