McVeigh v. Messersmith

16 F. Cas. 351, 5 D.C. 316, 5 Cranch 316

Opinion

The Court

(Cranch, C. J.,

contra,) gave the instruction asked by Mr. Semmes, and refused that asked by Mr. Taylor.

Cranch, C.J., was of opinion that it ought to be left to the jury to say what was the extent and object of the plaintiff’s examination of the bacon, and whether he meant to rely upon that examination or upon the warranty.

Verdict for defendant.

Motion for new trial overruled.

Grange, C. J., contra.