Hogue v. Simonson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Morris W. Simonson and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Steuben on the 15th day of September, 1903,. upon the verdict of a jury, and also from an order entered in said clerk’s office on the 24th day of September, 1903, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Stover, J.:
This action was brought to recover for a breach of warranty upon the sale of a quantity of potatoes, the warranty being that “ the same were fancy and uniform round stock, and, with few exceptions, free from small, very large or long potatoes, and not grub eaten, and of first-class quality and condition.”
' Upon the trial the sale was sought to be established through one Smith, as the agent of the defendants. The evidence shows that Smith was the agent of the defendants, authorized only to purchase potatoes from the farmers in the vicinity of his residence (Addison, N. Y.) and ship…
2Cases cited2 opinions
- Trustees of the Freeholders & Commonalty v. BowmanNew York Court of Appeals · 1893
- Seymour v. . WyckoffNew York Court of Appeals · 1851
3Cited by1 opinion
- Norden v. DukeAppellate Division of the Supreme Court of the State of New York · 1907