Willson v. Faxon, Williams & Faxon
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Porter J. Willson,, from a judgment of the Supreme Court in favor of the defendant, entered in the'office of the elerk of the eounty of Erie on the 22d day of June, 1909, upon tlie dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Erie Trial Term.
1Opinion of the Court
Spring, J. :
The' action is for breach of contract by the husband tó recover for medical services paid and loss of society of his .wife by reason of illness resulting from the taking of tablets sold to him by the defendant, a domestic corporation engaged in selling drugs and proprietary medicines in the' city of Buffalo.
The proof of the plaintiff tends to show that he applied to a clerk of the defendant for cascara segrada, a vegetable preparation, and the clerk sold him a box labeled “ Kascara Kathartics,” stating it was cascara, when in fact it was a combination of one-fiftli grain of…
2Cases cited5 opinions
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Brown v. MarshallMichigan Supreme Court · 1882
- Allan v. State Steamship Co.New York Court of Appeals · 1892
- La Rue v. . SmithNew York Court of Appeals · 1897
- Rambaut v. Irving National BankAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Willson v. FaxonAppellate Division of the Supreme Court of the State of New York · 1910