Broughton v. Mitchell
New York Supreme Court
Appeal from a judgment of the Oounty Court of Delaware County. This action was brought by Rath an Broughton before a justice of the peace, to recover from Ransom Mitchell for an alleged breach of warranty of a horse the defendant sold to the plaintiff for $125. The plaintiff alleged that the defendant warranted the horse sound and right every way, and that he was unsound in his right hind-leg, and was vicious when being shod.
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Appeal from a judgment of the Oounty Court of Delaware County. This action was brought by Rath an Broughton before a justice of the peace, to recover from Ransom Mitchell for an alleged breach of warranty of a horse the defendant sold to the plaintiff for $125. The plaintiff alleged that the defendant warranted the horse sound and right every way, and that he was unsound in his right hind-leg, and was vicious when being shod. The justice rendered a judgment in favor of the' defendant for costs. The plaintiff appealed from the judgment to the Delaware County Court, where the cause was duly…
1Opinion of the Court
By the Court.*—Baloom, J.
The plaintiff’s counsel has made the point that the defendant could not appeal to this court until the County Court had passed upon the exceptions on a motion for a new trial in that court. He thinks the reasoning of the judge who delivered the opinion in Carter a. Werner (27 How. Pr., 385), in the fifth district, is more satisfactory than my opinion in Monroe a. Monroe (Ib., 208). It is true I overlooked a statute in Monroe a. Monroe, which is cited in Carter a. Werner. But that statute (2 Rev. Stat., 423, § 78) greatly strengthens my conviction that my conclusion in…
2Cases cited2 opinions
- Morrison v. New York & New Haven Rail RoadNew York Supreme Court · 1860
- Whitney v. WellsNew York Supreme Court · 1864