New York Court of Appeals

Anna M. Rinaldi, Respondent v. the Mohican Company, Appellant

December 10, 1918225 N.Y. 70

Summary

The Court of Appeals affirmed the Appellate Division judgment for the plaintiff, holding that under section 96 of the Personal Property Law an implied warranty of wholesomeness exists in the sale of food unless the buyer examined the goods and should have discovered the defect, and that the plaintiff’s purchase of unwholesome pork satisfied the warranty requirements.