Bender's Selected Statutes of the State of New York as Amended to Close of the Legislative Session of 1920, Comprising the Following Consolidated Laws: 1. Decedent Estate Law. 2. Domestic Relations Law. 3. Lien Law. 4. Negotiable Instruments Law. 5. Personal Property Law. 6. Real Property Law, Together with Complete Indexes, Tables Showing Disposition of Sections of Former Laws on These Subjects, Consolidators' Notes and the Source Or Derivation of the Various Sections of the New Consolidated Laws
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Side 269 - Subject to the provisions of this act and of any statute in that behalf, there Is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale...
Side 189 - That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Side 269 - Goods. 1. Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against him for damages for nonacceptance. 2. The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract.
Side 269 - ... or in satisfying the claim by means thereof as is allowed at law or in equity in regard to property which cannot readily be attached or levied upon by ordinary legal process.
Side 269 - Where delivery of the goods has been made to the buyer, or to a bailee for the buyer, in pursuance of the contract and the property in the goods has been retained by the seller merely to secure performance by the buyer of his obligations under the contract, the goods are at the buyer's risk from the time of such delivery.
Side 269 - Subject to the provisions of this act, where goods are sold by a person who is not the owner thereof, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell.
Side 269 - In the case of a contract to sell or a sale of a specified article under its patent or other trade name, there is no implied warranty as to its fitness for any particular purpose.
Side 269 - In the case of breach of warranty of quality such loss is prima facie the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had answered to the warranty. (4.) The fact that the buyer has set up the breach of warranty...
Side 210 - An acceptance is qualified, which is: 1. Conditional, that is to say, which makes payment by the acceptor dependent on the fulfillment of a condition therein stated; 2. Partial, that is to say, an acceptance to pay part only of the amount for which the bill is drawn ; 3. Local, that is to say, an acceptance to pay only at a particular place; 4. Qualified as to time; 5. The acceptance of some one or more of the drawees, but not of all.
Side 191 - And, in addition, he engages that on due presentment, it shall be accepted or paid, or both, as the case may be, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser who may be compelled to pay it.