Mumford v. McPherson
New York Supreme Court
was an action on a warranty, on the sale of the m°iety °f a ship. The cause was tried at the New-Tork sittings, the 10th of January, 1806, before Mr. Justice Livingston. On the trial it appeared that a regular bill ot sa^e ^or t^ie moiety of the ship had been executed and de* livered by the defendants to the plaintiffs. It was in the tisu- . . . . . . al printed iorm, reciting the register, and with a covenant to defend the moiety of the said ship against all persons, &c.
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was an action on a warranty, on the sale of the m°iety °f a ship. The cause was tried at the New-Tork sittings, the 10th of January, 1806, before Mr. Justice Livingston. On the trial it appeared that a regular bill ot sa^e ^or t^ie moiety of the ship had been executed and de* livered by the defendants to the plaintiffs. It was in the tisu- . . . . . . al printed iorm, reciting the register, and with a covenant to defend the moiety of the said ship against all persons, &c. The warranty declared upon, was, “ that the ship was completely copper fastened''’ and to prove this, an advertisement for…
1Opinion of the Court · KentKent, C. J.
You do not show any express authority, that where you have reduced a contract to writing, and the previous conversations- are thereby merged in the *416written instrument, you can bring an action on such pre. w ° v vious conversations.
T. A. Emmet, for the defendants.
All the cases which have been cited are those of deceit, where the gist of the action is tort. It may be true, that an action would lie for the false affirmation or fraud ; but it does not follow that the party can have an action grounded on the warrant:;, dehors the written contract. The different actions in regard to sales, were, 1.…
Also in this document: Opinion of the Court · Thompson.
2Cases cited1 opinion
- Seixas v. WoodsNew York Supreme Court · 1804
3Cited by23 opinions
- De Witt v. BerrySupreme Court of the United States · 1890
- Welz v. RhodiusIndiana Supreme Court · 1882
- Filkins v. . WhylandNew York Court of Appeals · 1862
- Naumberg v. YoungSupreme Court of New Jersey · 1882
- Jackson v. StockbridgeTexas Supreme Court · 1867
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