Penn v. Stuart
Supreme Court of Arkansas
Appeal from the Johnson Circuit Court. This was an action of assumpsit, for breach of warranty of the soundness of a horse, brought by Joseph Stuart against Absalom Penn, and determined in the Johnson circuit court, at the Sept. Term, 1849, before the Hon. Wi. W. Floyd, judge. The case w.as tried oh the general issue, verdict for plaintiff, motion for new trial by defendant overruled, and bill of exceptions.
Read the full summary
Appeal from the Johnson Circuit Court. This was an action of assumpsit, for breach of warranty of the soundness of a horse, brought by Joseph Stuart against Absalom Penn, and determined in the Johnson circuit court, at the Sept. Term, 1849, before the Hon. Wi. W. Floyd, judge. The case w.as tried oh the general issue, verdict for plaintiff, motion for new trial by defendant overruled, and bill of exceptions. The substance of the declaration, and the testimony as to the consideration paid by plaintiff for the horse, are stated in the opinion of the court. As to the warranty, plaintiff’s…
1Opinion of the CourtChief Justice Johnson
The only question presented by the record is, whether the evidence warranted the verdict. The finding is conclusive upon every point, where any legitimate testimony was offered, from which the jury could have inferred the fact in issue, as no exception was taken during the trial. The fact of the warranty itself is not clearly made out, yet it is believed that the jury might possibly have inferred, from the testimony of the plaintiff’s daughter, that the declaration in regard to the soundness of the horse, was made during the same conversation that resulted in the sale.
There is a palpable…
2Cited by3 opinions
- Todd & Smith v. GatesWest Virginia Supreme Court · 1882
- First Pyramid Life Insurance v. ReedSupreme Court of Arkansas · 1970
- Kent v. GraySupreme Court of Arkansas · 1870