Rust v. . Eckler
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fifth district, affirming a judgment for the plaintiff helow. The action helow was for an alleged breach of warranty in the sale of a quantity of cheese by the defendant, to the plaintiff’s agent, one Charles H. Hopkins, in the month of February, 1865. The answer was a general denial.
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Appeal from a judgment of the General Term of the Supreme Court in the fifth district, affirming a judgment for the plaintiff helow. The action helow was for an alleged breach of warranty in the sale of a quantity of cheese by the defendant, to the plaintiff’s agent, one Charles H. Hopkins, in the month of February, 1865. The answer was a general denial. The cause was tried at the Herkimer circuit on the first Monday (’Tth) of May, 1866. Hopkins was called as a witness, and gave evidence as to his agency for the plaintiff, and the purchase and delivery of the cheese. He also testified that…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The warranty which, under the evidence, the jury must have found, was made by the defendant, related to a present sale, and not to an executory contract for the future sale and delivery of cheese of a particular quality. The sale was of the defendant's dairy of cheese, which at that time consisted of an ascertained and identified collection of cheeses, and it was as to those, that the evidence tended to show the warranty was made. This circumstance distinguishes…
2Cases cited4 opinions
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Muller v. . EnoNew York Court of Appeals · 1856
- Moore v. . WesterveltNew York Court of Appeals · 1863
- Wilbur v. CartrightNew York Supreme Court · 1865
3Cited by18 opinions
- Sturm v. . Atlantic Mutual Insurance Co.New York Court of Appeals · 1875
- Rosenwasser v. Blyn Shoes, Inc.New York Court of Appeals · 1927
- Hewlett v. . WoodNew York Court of Appeals · 1876
- Semmens v. WaltersWisconsin Supreme Court · 1882
- United States v. Fifty Boxes & Packages of LaceDistrict Court, S.D. New York · 1899
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