Ehle v. Bingham
New York Supreme Court
Motion for a new trial. The action was brought to recover damages for the breach of a warranty upon a sale of . sheep ; and was tried at the New-York circuit in June 1846, before Edmonds, Circuit Judge.1 The plaintiff alledged, in his declaration, that the defendant sold him 181 sheep, which he warranted to be sound, free from disease, and good mutton, for which the plaintiff agreed to pay $317; giving his note for that sum.
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Motion for a new trial. The action was brought to recover damages for the breach of a warranty upon a sale of . sheep ; and was tried at the New-York circuit in June 1846, before Edmonds, Circuit Judge.1 The plaintiff alledged, in his declaration, that the defendant sold him 181 sheep, which he warranted to be sound, free from disease, and good mutton, for which the plaintiff agreed to pay $317; giving his note for that sum. The plaintiff averred that the sheep were diseased, and had the scab, and that the defendant knew it; and that the plaintiff turned them in with a flock of 500 other…
1Opinion of the Court
By the Court, Edwards, J.
Since the decision which was made in the Duchess of Kingston's case, (20 Howell's State Trials, 538,) the judgment of a court of competent jurisdiction, *496directly upon the point, has been considered conclusive by way of plea in bar in another suit, where1 the' same matter is directly in question between the same parties. There has been some diversity of opinion whether it will have the same effect as evidence, when it is not pleaded. In the case before us the previous judgment, which is relied upon as a bar, was set up as such in the' notice attached to the defendant’s…
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