In Maxwell v. Marsh (173 App. Div. 1003; affirmed, without opinion, 225 N.Y. ___), where tainted meat was sold in 1913, a charge to the jury that such a warranty was to be implied was made without objection. It became, therefore, the law for that case.
Summary of this case from Rinaldi v. Mohican Co.May, 1916.
Judgment and order affirmed, with costs. All concurred, except Lambert, J., who dissented.
In Maxwell v. Marsh (173 App. Div. 1003; affirmed, without opinion, 225 N.Y. ___), where tainted meat was sold in 1913, a charge to the jury that such a warranty was to be implied was made without objection. It became, therefore, the law for that case.
Summary of this case from Rinaldi v. Mohican Co.Full title:William J. Maxwell, Respondent, v. Henry L. Marsh and Another, Appellants
Court:Appellate Division of the Supreme Court of New York, Fourth Department
Date published: May 1, 1916
We have held as to a sale of food for immediate consumption made before September 1st, 1911, by a dealer who…