Brisbane v. . Parsons
New York Court of Appeals
Action upon a warranty of a horse, made by defendant when he sold him to the plaintiff. After the warranty was properly established by evidence, the defendant offered to show what the former owner of the horse said of him some months previous to the time of sale and warranty, to' the plaintiff, which was objected to by the plaintiff, but the objection was overruled, and the evidence „of what the former owner had said,of the horse was given to the jury, to which the proper…
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Action upon a warranty of a horse, made by defendant when he sold him to the plaintiff. After the warranty was properly established by evidence, the defendant offered to show what the former owner of the horse said of him some months previous to the time of sale and warranty, to' the plaintiff, which was objected to by the plaintiff, but the objection was overruled, and the evidence „of what the former owner had said,of the horse was given to the jury, to which the proper exceptions were duly taken. The jury found for the defendant, and the General Term, on appeal, granted a new trial. The…
1Opinion of the Court
Held, that after the warranty of the horse by the defendant on his sale of him to the plaintiff, had been established by proper evidence, it was immaterial and improper to consider what the former owner of the horse had said to the defendant leading him to suppose his warranty true and justifiable. That it was no answer to the propositions of the plaintiff, that the defendant made his warranty under misinformation, and in good faith. That the real question was, the condition of the horse at the time of the warranty. Held also, that the admission of such improper" testimony was calculated to…
2Cited by5 opinions
- Ainger v. Michigan General Corp.District Court, S.D. New York · 1979
- Pittsburgh Coke & Chemical Co. v. BolloDistrict Court, E.D. New York · 1976
- K.M.L. Laboratories Ltd. v. HopperDistrict Court, E.D. New York · 1993
- Eddington v. DickCity of New York Municipal Court · 1976
- Moral Six Corp. v. Margold Associates Co.Appellate Division of the Supreme Court of the State of New York · 1980