Chapman v. Murch
New York Supreme Court
IN ERROR to the Court of Common Pleas of Wash-*nEton county. Chapman brought an action of assumpsit against March in the Court below.
Read the full summary
IN ERROR to the Court of Common Pleas of Wash-*nEton county. Chapman brought an action of assumpsit against March in the Court below. The declaration stated, ,, , , . . 7 that the defendant, on the 1st of December, 1818, in consideration that the plaintiff would deliver to the defendant, a certain horse óf the plaintiff, of great value, in exchange for a certain horse of the defendant, the defendant undertook and promised, that the horse of the defend-an* was t^ien anc^ there sound, &c.; that the plantiff confiding the said promise of the defendant, delivered to him the sa,a horse of the…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. In the various cases which have been cited, it appears, abundantly, that when the action is founded on a warranty of the soundness of a chattel sold, a warranty must be proved; but it no wh ere appears, that it is necessary that the vendor should use the express words, that he warranted the soundness. If a man should say, on the sale of a horse, “ I promise you the horse is sound,” it is difficult to conceive, that this is not a warranty, and an express one too. Peake (on Evid. 228.) says, “ in an action on a warranty, the plaintiff must…
2Cited by22 opinions
- Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
- Shippen v. BowenSupreme Court of the United States · 1887
- Hargous v. . StoneNew York Court of Appeals · 1851
- Polhemus v. HeimanCalifornia Supreme Court · 1873
- Oneieda Manufacturing Society v. LawrenceNew York Supreme Court · 1825
17 more not listed; retrieve them via the Exa API.