Stevens v. Fuller
Superior Court of New Hampshire
Case. The declaration contained two counts. The first alleged that on the 14th of September, 1835, the defendant being possessed of a black mare that was unsound, broken winded, and good for nothing, and also of $190 : and the plaintiff being possessed of three colts, of the value of $300, the defendant, to induce the plaintiff to exchange the colts aforesaid for the mare and money aforesaid, falsely and fraudulently affirmed that the mare was sound and free from all defect.
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Case. The declaration contained two counts. The first alleged that on the 14th of September, 1835, the defendant being possessed of a black mare that was unsound, broken winded, and good for nothing, and also of $190 : and the plaintiff being possessed of three colts, of the value of $300, the defendant, to induce the plaintiff to exchange the colts aforesaid for the mare and money aforesaid, falsely and fraudulently affirmed that the mare was sound and free from all defect. Whereupon the exchange was made, &c. The second count set forth that the mare was of no value, being afflicted with a…
1Opinion of the CourtGreen, J.
There is evidence in this case from which a jury might find for the plaintiff on the first count. In the conversation between the plaintiff and defendant, and the witness, subsequently to the exchange, the plaintiff stated to the defendant that he warranted the mare sound and free from blemish ; and if this was not expressly admitted, it was not denied. This might be a sufficient ground for judgment on the verdict, but it is not necessary to rely on this.
It is shown that the defendant, knowing that the mare had a disorder which was not apparent, and which rendered her of no value, not only…
2Cited by1 opinion
- Hanson v. EdgerlySuperior Court of New Hampshire · 1854