New York Court of Appeals

Hoe v. Sanborn

June 5, 186021 N.Y. 552

Summary

The New York Court of Appeals reversed the lower court’s judgment and ordered a new trial, holding that a manufacturer who sells his own goods is subject to an implied warranty that the articles are free of latent defects arising from the manufacturing process. The Court reasoned that such warranty arises from the presumption that the seller knows of defects in his own manufacture, and that the trial court erred in refusing to submit the issue to the jury.