Scott v. Warner
New York Supreme Court
Appeal from a judgment of the Cattaraugus County Court, reversing the judgment of a justice. The facts are stated in the opinion.
1Opinion of the Court
By the Court
Marvin, P. J.
Action to recover back money paid in excess on amount of hay sold by the defendant to the plaintiff.
The plaintiff, as a witness, stated that he bought some hay of the defendant; that the defendant asked eight dollars for' a ton, and wanted to measure it instead of weighing it; the plaintiff said he did not know anything about measuring hay; the defendant said that seven feet square by five feet thick would make a ton, he knew it would. The plaintiff took the hay, and paid eight dollars. In April or May after, the plaintiff saw the defendant, and told him that he (the…
2Cases cited2 opinions
- Farmers' Bank of Amsterdam v. BlairNew York Supreme Court · 1865
- Geer v. ArcherNew York Supreme Court · 1848
3Cited by3 opinions
- Swem v. GreenSupreme Court of Colorado · 1886
- Dawley v. Dawley's EstateSupreme Court of Colorado · 1915
- Lamb v. TraitelNew York Court of Common Pleas · 1895