Boorman v. Jenkins
New York Supreme Court
Error from the superior court of the city ofNew-York. The declaration of the Messrs. Jenkins against Boorman and Johnston in the court below contained three counts, besides the money counts.
Read the full summary
Error from the superior court of the city ofNew-York. The declaration of the Messrs. Jenkins against Boorman and Johnston in the court below contained three counts, besides the money counts. In the first count it was stated that on-&c. at, &c. in consideration that the plaintiffs, at the instance and request of the defendants, would buy of them eighty-nine bales of cotton for the sum of 11 cts. per lb., to be therefor paid by the plaintiffs, the defendants undertook and promised that all of the cotton was like to and as good as certain samples exhibited by the defendants, and that the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
I will briefly notice the exceptions taken at the trial, in the order in which they arose.
The first three exceptions relate to the usage of those in the cotton trade, both merchants and brokers. There are certain usages of trade which are adhered to by all persons in that particular trade, which, by common consent, acquire the form of law. It is true that such usages cannot control or alter the settled law. There could be no well founded objection to the testimony given in this caseras to the mode of effecting sales by sample the custom of brokers to take samples,…
2Cited by47 opinions
- Walls v. . BaileyNew York Court of Appeals · 1872
- Whitney v. AllaireNew York Supreme Court · 1847
- Seixas v. WoodsNew York Supreme Court · 1804
- Self v. KingTexas Supreme Court · 1866
- Smith v. . ClewsNew York Court of Appeals · 1889
42 more not listed; retrieve them via the Exa API.