Burwell v. Knight
New York Supreme Court
APPEAL from a judgment of the Chautauqua county court, reversing a judgment of a justice of the peace. The present defendant sued the present plaintiff, in a justice’s court, to recover $45, the unpaid portion of the price of a horse sold by Knight to Burwell. The defendant in that action, among other’ answers, set up as a defense a breach of warranty of soundness of the horse, ■ made by Knight upon the sale.
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APPEAL from a judgment of the Chautauqua county court, reversing a judgment of a justice of the peace. The present defendant sued the present plaintiff, in a justice’s court, to recover $45, the unpaid portion of the price of a horse sold by Knight to Burwell. The defendant in that action, among other’ answers, set up as a defense a breach of warranty of soundness of the horse, ■ made by Knight upon the sale. The trial was adjourned, and on the trial Burwell, the defendant, did not appear. Knight was sworn as a witness in his own behalf, and the cause .was submitted to the justice. Some two…
1Opinion of the Court
By the Court, Marvin, J.
Was the judgment in the action of Knight v. Burwell a bar to the present action, it appearing from the record put in evidence on that trial that the present plaintiff’ pleaded, by way of defense, the same matter now used to constitute his present action, and which matter was proper as a defense; and it also appearing from the same record—the justice’s docket— that the defendant in that action did not appear upon the trial, and judgment was given upon the testimony of the plaintiff alone. The judgment in that case did not constitute a bar to the present action. The…
2Cases cited7 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Curtis v. GroatNew York Supreme Court · 1810
- Felter v. MullinerNew York Supreme Court · 1807
- Brockway v. KinneyNew York Supreme Court · 1807
- Royce v. BurtNew York Supreme Court · 1864
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3Cited by13 opinions
- Wright v. SalisburySupreme Court of Missouri · 1870
- Andrews v. School-District No. 4Supreme Court of Minnesota · 1886
- Mason v. SummersMissouri Court of Appeals · 1887
- Jones v. HughesNew York Supreme Court · 1883
- Miller v. McGuckinNew York Supreme Court · 1884
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