Hart v. Wright
New York Supreme Court
Error from the superior court of the city of New York. Wright sued the plaintiffs in error for breach of warranty in the sale of 315 barrels of flour. The declaration contained several counts, alleging that the flour was sold as good, sound, wholesome, merchantable and of the first quality, and averring that it was not good, and that it was unsound, unwholesome, damaged, unmerchantable and of an inferior qualitju The defendants pleaded non assumpsit.
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Error from the superior court of the city of New York. Wright sued the plaintiffs in error for breach of warranty in the sale of 315 barrels of flour. The declaration contained several counts, alleging that the flour was sold as good, sound, wholesome, merchantable and of the first quality, and averring that it was not good, and that it was unsound, unwholesome, damaged, unmerchantable and of an inferior qualitju The defendants pleaded non assumpsit. The flour was sold in November, 1833, at $5,81¿ per barrel, being described in the sale note as “ E. S. B. Flour; ” (meaning E. S Beach’s…
1Opinion of the Court
By the Court,
Cowen, J
It is conceded by the counsel for the defendant in error that there was no express warranty, but he insists that there was an implied warranty that the flour was merchantable. He is doubtless right in another point which he makes, that there was an implied warranty of wholesomeness, especially if the jury might say, on the evidence, that the flour was intended for domestic use. But the judge did not put the case to them in that view.
There may be some doubt, as contended by the counsel for the plaintiffs in error, whether the charge can be considered as having [269] put…
2Cases cited6 opinions
- Conner v. HendersonMassachusetts Supreme Judicial Court · 1818
- Seixas v. WoodsNew York Supreme Court · 1804
- Gallagher v. WaringNew York Supreme Court · 1832
- Welsh v. CarterNew York Supreme Court · 1828
- Harvey v. LaneNew York Supreme Court · 1834
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Hawkins v. . PembertonNew York Court of Appeals · 1872
- Seixas v. WoodsNew York Supreme Court · 1804
- Barnett v. StantonSupreme Court of Alabama · 1841
- Howard & Ryckman v. HoeyNew York Supreme Court · 1840
- Sprague v. BlakeNew York Supreme Court · 1838
24 more not listed; retrieve them via the Exa API.