Bartlett v. . Hoppock
New York Court of Appeals
This action was brought in the Yew York Common Pleas, to recover for a balance due on the sale of a quantity of live hogs, sold by plaintiffs to defendants. The defense is, that the plaintiffs warranted the hogs to be corn fed hogs, and suitable for the Yew York market; that on the contrary, that many of them were not corn fed hogs, and that they were unfit for market. Also, a small counterclaim which was allowed, and about which no question arises.
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This action was brought in the Yew York Common Pleas, to recover for a balance due on the sale of a quantity of live hogs, sold by plaintiffs to defendants. The defense is, that the plaintiffs warranted the hogs to be corn fed hogs, and suitable for the Yew York market; that on the contrary, that many of them were not corn fed hogs, and that they were unfit for market. Also, a small counterclaim which was allowed, and about which no question arises. There was a verdict for the plaintiffs for $1,368.25, the full amount of the claim (less the counterclaim), for which judgment was entered. There…
1Opinion of the Court
If the rulings of the judge on the trial were correct, then, whether or not there was a warranty on the sale of the hogs in question to the defendants, is settled by the verdict of the jury to whom that question was submitted, and whose province it was to decide it. It is urged that by the improper exclusion of certain evidence by the judge on the trial which was offered by the defendants, and by the improper admission of certain other evidence offered by the plaintiffs, the proper presentation of the evidence of warranty was prevented. The averment of the terms of the warranty, in the answer…
2Cases cited4 opinions
- Seixas v. WoodsNew York Supreme Court · 1804
- Moses v. MeadCourt for the Trial of Impeachments and Correction of Errors · 1845
- Swett v. ColgateNew York Supreme Court · 1822
- Carley v. WilkinsNew York Supreme Court · 1849
3Cited by19 opinions
- Ryan v. Progressive Grocery Stores, Inc.New York Court of Appeals · 1931
- Vulcan Metals Co. v. Simmons Mfg. Co.Court of Appeals for the Second Circuit · 1918
- Dounce v. . DowNew York Court of Appeals · 1876
- Carlay Co. v. Federal Trade CommissionCourt of Appeals for the Seventh Circuit · 1946
- Gachet v. WarrenSupreme Court of Alabama · 1882
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