Waeber v. . Talbot
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 5, 1899, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court after the submission of specified questions to the jury. 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 of the Appellate Division of the Supreme Court in the first judicial department, entered August 5, 1899, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court after the submission of specified questions to the jury. The nature of the action and the facts, so far as material, are stated in the opinion. Both an express and an implied warranty are provable under the complaint as it originally stood and as it was amended. (Hoe v. Sanborn, 21 N. Y. 552; Bierman v. City Mills Co., 151 N. Y. 482; Reynolds v. Mayor, Lane & Co., 39…
1Opinion of the CourtBartlett, J.
The plaintiffs were copartners doing a general commission and importing business in foreign and domestic canned goods, etc., in the city of 27ew York, and the defendants as partners were carrying on a general packing and export business in fruits, nuts, vegetables, etc., in the city of Bordeaux, France, in the name of Talbot Freres.
This action was brought to recover damages for the alleged breach of an express warranty on two hundred and seventy-one cases of “ Talbot Extra Fine Peas, Sieve 23-24,” purchased by Walter Lea, one of the plaintiffs, from the defendants. Walter Lea had, prior to…
2Cases cited14 opinions
- White v. . MillerNew York Court of Appeals · 1877
- Reed v. . RandallNew York Court of Appeals · 1864
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Hawkins v. . PembertonNew York Court of Appeals · 1872
- Seixas v. WoodsNew York Supreme Court · 1804
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3Cited by21 opinions
- Cadwell v. HigginbothamNew Mexico Supreme Court · 1915
- Simon v. Cunard Line Ltd.Appellate Division of the Supreme Court of the State of New York · 1980
- Portfolio v. . RubinNew York Court of Appeals · 1922
- Niehoff-Schultze Grocer Co. v. GrossAppellate Division of the Supreme Court of the State of New York · 1923
- Hurley-Mason Co. v. Stebbins, Walker & SpinningWashington Supreme Court · 1914
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