Burt v. . Dewey
New York Court of Appeals
This was an action to recover damages for the breach of an implied warranty of title to a horse. The plaintiff testified that in December, 1852, he bought a horse of the defendant, and paid him therefor eighty dollars; that he afterwards sold the horse, which subsequently passed through the hands of several persons.
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This was an action to recover damages for the breach of an implied warranty of title to a horse. The plaintiff testified that in December, 1852, he bought a horse of the defendant, and paid him therefor eighty dollars; that he afterwards sold the horse, which subsequently passed through the hands of several persons. While the horse was in possession of plaintiff, he was identified ais a horse formerly in possession-of Joseph Dysart; and Dysart testified that said horse was stolen from him, a short time before the purchase by the plaintiff. It was then shown that in 1856, an action was ■…
1Opinion of the CourtJames, J.
The evidence was sufficient to show that the horse had been stolen from Dysart before he came to the possession of defendant, and therefore, as against Dysart, defendant and his vendees were without title.
In the sale from defendant to plaintiff there was no proof of any express warranty of title; nor was any such proof necessary. The fair and reasonable construction of the evidence is that defendant had possession of the property at the time of sale and transferred it to the plaintiff on his paying the purchase money. Possession of personal property implies, title, and in every case of the…
2Cases cited2 opinions
- Sweetman v. . PrinceNew York Court of Appeals · 1863
- Withy v. MumfordNew York Supreme Court · 1825
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- Mauldin v. MilfordSupreme Court of South Carolina · 1924
- Matheny v. MasonSupreme Court of Missouri · 1881
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