 ... or that it had passed through some process under his hands which would give him personal knowledge of its true name and quality. Whether Foord was justified in selling the article upon the faith of the defendant's label, would have been an open question...  Transactions of the Pharmaceutical Meetings - Page 4041853Full view - About this book
 | Pharmacy - 1853 - 664 pages
...the defendant's label, would have been an open question in an action of the plaintiff's against him ; and I wish to be understood as giving no opinion on...Foord that the contents of the jar was the extract of dandelion, and that the defendant knew it to be such. So far as the defendant is concerned, Foord... | |
 | 1853 - 608 pages
...the defendant's label, would have been an open question in an action of the plaintiff's against him ; and I wish to be understood as giving no opinion on...Foord that the contents of the jar was the extract of dandelion, and that the defendant knew it to be such. So far as the defendant is concerned, Foord... | |
 | John Ordronaux - 1869 - 342 pages
...question in an action by the plaintiffs against him, and I wish to be understood as giving no opinion upon that point. But it seems to me to be clear that the defendant can not, in this case, set up as a defence that Foord sold the contents of the jar as, and for what... | |
 | John J. Elwell - Evidence, Expert - 1871 - 624 pages
...it seems to me to be clear that the defendant can not, in any case, set up as a defense, that Fuord sold the contents of the jar as and for what the defendant...Foord that the contents of the jar was the extract of dandelion, and that the defendant knew it to be such. So far as the defendant is concerned, Foord... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Erasmus Peshine Smith, Francis Kernan, Joel Tiffany, Samuel Hand - Law reports, digests, etc - 1884 - 600 pages
...the defendant's label, .would have been an open question, in an action by the plaintiffs against him, and I wish to be understood as giving no opinion on that point. But it seems to me, to be i-.;.' clear, that the defendant cannot, in this case, set up as a defence, that Foord sold the contents... | |
 | Melville Madison Bigelow - Torts - 1875 - 830 pages
...the defendant's label, would have been an open question in an action by the plaintiffs against him ; and I wish to be understood as giving no opinion on...represented it to be. The label conveyed the idea distinctly fo Foord that the contents of the jar was the extract of dandelion, and that the defendant knew it... | |
 | Melville Madison Bigelow - Torts - 1875 - 808 pages
...the defendant's label, would have been an open question in an action by the plaintiffs against him ; and I wish to be understood as giving no opinion on...defendant cannot, in this case, set up as a defence, NEGLIGENCE. that Foord sold the contents of the jar as and for what the defendant represented it to... | |
 | New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - Law reports, digests, etc - 1915 - 794 pages
...process under his hands, which would give him personal knowledge of its true name and quality. * * * The label conveyed the idea distinctly to Foord that the contents of the jar was the extract of dandelion; and that the defendant knew it to be such." The principle of the above case has been... | |
 | George Chase - Torts - 1904 - 844 pages
...the defendant's label would have been an ope;i question in an action by the plaintiffs against him, and I wish to be understood as giving no opinion on...that the defendant cannot, in this case, set up as a defense that Foord sold the contents of the jar as and for what the defendant represented it to be.... | |
 | Harley Rupert Wiley - Pharmacy - 1904 - 274 pages
...the defendant's label would have been an open question in an action by the plaintiffs against him, and I wish to be understood as giving no opinion on...that the defendant cannot, in this case, set up as a defense that Foord sold the contents of the jar as and for what the defendant represented it to be.... | |
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