Legal Opinion

Murray v. Jennings

Supreme Court of Connecticut

Decided January 15, 1875PublishedCited by 15 opinions

Trespass on the case for fraud in the exchange of a horse by the defendant for a yoke of oxen ; brought to the Court of' Common Pleas of Fairfield County and tried to the court, on tlie general issue, before FeForest, J. The court found the following facts: On the 15th of March, 1874, the plaintiff owned the pair of oxen in the declaration mentioned, which she had bought five years before for $190, and which she valued at $200, which were worth, as beef cattle, only $100. At…

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Trespass on the case for fraud in the exchange of a horse by the defendant for a yoke of oxen ; brought to the Court of' Common Pleas of Fairfield County and tried to the court, on tlie general issue, before FeForest, J. The court found the following facts: On the 15th of March, 1874, the plaintiff owned the pair of oxen in the declaration mentioned, which she had bought five years before for $190, and which she valued at $200, which were worth, as beef cattle, only $100. At the same time the defendant owned the horse in the declaration mentioned, and on that day proposed to the plaintiff…

1Opinion of the CourtPhelps, J.

The plaintiff owned a pair of oxen, and the defendant a horse, which they exchanged. The horse was unsound, and known to be so by the defendant, who fraudulently represented it to be otherwise. The oxen were worth $100, and the horse with its unsoundness $125, and if sound, as represented by the defendant, would have been worth $225. The plaintiff with no fraud or fault on her part relied on the truth of the statement made to her by the defendant, and without that would not have made the exchange. The Court of Common Pleas rendered judgment for the plaintiff for the difference between the…

2Cited by15 opinions

  1. Spreckels v. GorrillCalifornia Supreme Court · 1907
  2. Yale Gas Stove Co. v. WilcoxSupreme Court of Connecticut · 1894
  3. Gustafson v. RustemeyerSupreme Court of Connecticut · 1898
  4. City of Kennett v. Katz Construction Co.Supreme Court of Missouri · 1918
  5. Ford v. H. W. Dubiskie & Co.Supreme Court of Connecticut · 1927

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