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Seixas V. Woods
''Seixas & Seixas v. Woods'' 2 Cai. R. 48 (N.Y. Sup. Ct. 1804) was an 1804 American case which contributed to precedent around the doctrine of ''caveat emptor''. The plaintiff Seixas & Seixas purchased wood from the defendant and alleged that he had been delivered a lower grade of wood than he had contracted to purchase. Summary The defendant received wood from a house in New Providence, which he was the agent and in the invoice it was described as braziletto, but was actually "peachum wood", a wood of inferior quality. He advertised it as braziletto and sold it to had made out the bill of parcels as braziletto and delivered it to the plaintiff. In the sales transaction neither side knew it to be other than briziletto, nor was any fraud imputed. There was no evidence of fraud or an express warranty. There was no expressed or implied warranty on the wood. Upon delivery plaintiff discovered the wood delivered was not braziletto and filed suit arguing that there was an implied warr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil jurisdiction, with most criminal matters handled in County Court. The court is radically different from its counterparts in nearly all other states in that the Supreme Court is a trial court and is not the highest court in the state. The highest court of the State of New York is the Court of Appeals. Also, although it is a trial court, the Supreme Court sits as a "single great tribunal of general state-wide jurisdiction, rather than an aggregation of separate courts sitting in the several counties or judicial districts of the state." The Supreme Court is established in each of New York's 62 counties. Jurisdiction Under ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Citation
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
George Caines
George Caines (1771 – July 10, 1825) was the first official reporter of cases in the United States, appointed by the Court of Appeals of New York in accordance with legislation enacted by that state in April 1804. He occupied the office for one year, producing three volumes of the Reports, containing decisions from May 1803 to November 1805. Under the archaic abbreviation system once used for case citations, these reports are officially known as ''Caines' Reports'', and are abbreviated as ''(vol) Cai. R. (page)''. Cases from other courts also reported by Caines are in volumes titled ''Caines' Cases'', abbreviated as ''(vol) Cai. Cas. (page)'', while his edited versions of cases reported by William Coleman are titled ''Coleman & Caines' Cases'', abbreviated as ''(vol) Cole. & Cai. Cas. (page)''. Prior to becoming Reporter, Caines was a New York City lawyer, published the first volume of '' Lex Mercatoria Americana'' and prosecuted a noted libel case, ''People v. Croswell'' (3 J ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Caveat Emptor
''Caveat emptor'' (; from ''caveat'', "may he/she beware", a subjunctive form of ''cavēre'', "to beware" + ''ēmptor'', "buyer") is Latin for "Let the buyer beware". It has become a proverb in English. Generally, ''caveat emptor'' is the contract law principle that controls the sale of real property after the date of closing, but may also apply to sales of other goods. The phrase ''caveat emptor'' and its use as a disclaimer of warranties arises from the fact that buyers typically have less information than the seller about the good or service they are purchasing. This quality of the situation is known as 'information asymmetry'. Defects in the good or service may be hidden from the buyer, and only known to the seller. It is a short form of ''Caveat emptor, quia ignorare non debuit quod jus alienum emit'' ("Let a purchaser beware, for he ought not to be ignorant of the nature of the property which he is buying from another party.") I.e. the buyer should assure himself that the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Providence
New Providence is the most populous island in the Bahamas, containing more than 70% of the total population. It is the location of the national capital city of Nassau, whose boundaries are coincident with the island; it had a population of 246,329 at the 2010 Census; the latest estimate (2016) is 274,400. The island was originally under Spanish control following Christopher Columbus's discovery of the New World, but the Spanish government showed little interest in developing the island (and the Bahamas as a whole). Nassau, the island's largest city, was formerly known as Charles-town, but it was burned to the ground by the Spanish in 1684. It was laid out and renamed Nassau in 1695 by Nicholas Trott, the most successful Lord Proprietor, in honour of the Prince of Orange-Nassau who became William III of England. The three branches of Bahamian Government: the executive, the legislative, and the judiciary, are all headquartered on New Providence. New Providence functions as the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paubrasilia Echinata
''Paubrasilia echinata'' is a species of flowering plant in the legume family, Fabaceae, that is endemic to the Atlantic Forest of Brazil. It is a Brazilian timber tree commonly known as Pernambuco wood or brazilwood ( pt, pau-de-pernambuco, ; Tupi: ) and is the national tree of Brazil. This plant has a dense, orange-red heartwood that takes a high shine, and it is the premier wood used for making bows for stringed instruments. The wood also yields a historically important red dye called brazilin, which oxidizes to brazilein. The name ''pau-brasil'' was applied to certain species of the genus ''Caesalpinia'' in the medieval period, and was given its original scientific name ''Caesalpinia echinata'' in 1785 by Jean-Baptiste Lamarck. More recent taxonomic studies have suggested that it merits recognition as a separate genus, and it was thus renamed ''Paubrasilia echinata'' in 2016. The Latin specific epithet of ''echinata'' refers to hedgehog, from ''echinus'', and describ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Implied Warranty
In common law jurisdictions, an implied warranty is a contract law term for certain assurances that are presumed to be made in the sale of products or real property, due to the circumstances of the sale. These assurances are characterized as warranties regardless of whether the seller has expressly promised them orally or in writing. They include an implied warranty of fitness for a particular purpose, an implied warranty of merchantability for products, implied warranty of workmanlike quality for services, and an implied warranty of habitability for a home. The warranty of merchantability is implied, unless expressly disclaimed by name, or the sale is identified with the phrase "as is" or "with all faults". To be "merchantable", the goods must reasonably conform to an ordinary buyer's expectations, i.e., they are what they say they are. For example, a fruit that looks and smells good but has hidden defects would violate the implied warranty of merchantability if its quality does ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chandelor V Lopus
''Chandelor v Lopus'' (1603) 79 ER 3 is a famous case in the common law of England. It stands for the distinction between warranties and mere affirmations and announced the rule of ''caveat emptor'' (buyer beware). Facts A man paid £100 for what he thought was a bezoar stone. This is a stone that forms in animals' intestinal systems, and was believed to have magical healing properties. The seller said it was a bezoar stone, which turned out to be false. The buyer sued for the return of the £100 purchase price. How the claimant discovered that the bezoar did not work is not discussed in the report. The issue for the court was whether the sales pitch had been the usual big talk of the market merchants in the plying of their wares, or if there had been indeed an actual deceit in the transaction. Judgment The Exchequer Court held the buyer had no right to his money back, saying "the bare affirmation that it was a bezoar stone, without warranting it to be so, is no cause of act ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Laidlaw V
Laidlaw (), organized as Laidlaw International, Inc. (with corporate headquarters in Naperville, Illinois) was the largest provider of intercity bus services, contract public transit and paratransit, and contract school bus service in both the United States and Canada. In February 2007, FirstGroup, a bus and rail transportation operator in the United Kingdom with subsidiaries in North America, acquired Laidlaw International, Inc. FirstGroup completed the acquisition of Laidlaw International on October 1, 2007, and rebranded Laidlaw services under the First umbrella. The deal combined North America’s two largest private school bus operators—Education Services and First Student Inc.—giving them a combined 40% of the school bus contractor market. Laidlaw had grown primarily through acquisitions of other companies and contracting of services formerly directly provided by government entities. It was the parent company of Laidlaw Transit (which was merged into First T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Marshall
John Marshall (September 24, 1755July 6, 1835) was an American politician and lawyer who served as the fourth Chief Justice of the United States from 1801 until his death in 1835. He remains the longest-serving chief justice and fourth-longest serving justice in the history of the U.S. Supreme Court, and is widely regarded as one of the most influential justices ever to serve. Prior to joining the Court, Marshall served as the fourth U.S. Secretary of State under President John Adams. Marshall was born in Germantown in the Colony of Virginia in 1755. After the outbreak of the American Revolutionary War, he joined the Continental Army, serving in numerous battles. During the later stages of the war, he was admitted to the state bar and won election to the Virginia House of Delegates. Marshall favored the ratification of the U.S. Constitution, and he played a major role in Virginia's ratification of that document. At the request of President Adams, Marshall traveled to France i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commentaries On American Law
''Commentaries on American Law'' is a four-volume book by James Kent. It was adapted from his lectures at Columbia Law School starting in 1794. It was first published in 1826 by O. Halsted and has been reprinted and revised many times since. A twelfth edition was edited by Oliver Wendell Holmes, Jr. Oliver Wendell Holmes Jr. (March 8, 1841 – March 6, 1935) was an American jurist and legal scholar who served as an associate justice of the Supreme Court of the United States from 1902 to 1932.Holmes was Acting Chief Justice of the Un ... A fourteenth edition edited by John M. Gould was published in 1896, and a fifteenth edition edited by Jon Roland was published 1997-2002. Reviews In 1847, commenting on the fifth edition,Kent, J. Commentaries on American Law. 5th ed. 4 vols. 8vo. New York. 1844. J. G. Marvin said: References {{Reflist Law books ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Kent (jurist)
James Kent (July 31, 1763 – December 12, 1847), sometimes called the "American Blackstone", was an American jurist, New York legislator and legal scholar. His ''Commentaries on American Law'' (based on lectures first delivered at Columbia College in 1794, and further lectures in the 1820s) became the formative American law book in the antebellum era (published in 14 editions before 1896) and also helped establish the tradition of law reporting in America.Langbein, John H.Chancellor Kent and the History of Legal Literature(1993). Faculty Scholarship Series. Paper 549. p. 548 Early life Kent was born in what was then the town of Fredericksburg (the present-day towns of Patterson, Kent, Carmel, Southeast and Pawling) in Dutchess County, New York. His father, Moss Kent, was a lawyer in that county, as well as the first Surrogate of nearby Rensselaer County, New York. Despite interruptions caused by the American Revolutionary War, Kent graduated from Yale College in 1781, havi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
