Decker v. Myers
New York County Courts
Appeal by the defendant from a judgment against him in a justice’s court. The action was brought to recover damages for a breach of warranty in the sale of a yoke of oxen by the defendant to the plaintiff, and was tried before a justice and jury in the court below.
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Appeal by the defendant from a judgment against him in a justice’s court. The action was brought to recover damages for a breach of warranty in the sale of a yoke of oxen by the defendant to the plaintiff, and was tried before a justice and jury in the court below. The warranty alleged in the complaint, was that the oxen were orderly, when in fact they were disorderly and unruly, and whether there was such a warranty was a disputed question of fact, and at the trial ■evidence, was given on both sides of the question. In addition to other evidence as to the breach of the warranty, the justice,…
1Opinion of the Court
Darius Peck, County Judge.
Whether there was a general warranty was a question of fact litigated at the trial, upon which there was conflicting testimony, and the jury having found for the plaintiff their verdict cannot be disregarded. It is a well settled rule, except in extreme cases, which very rarely occur, that the finding of a jury on a question of fact, upon which there is conflicting evidence, is conclusive, and cannot be reviewed on appeal, however much it may be against the weight of evidence. (Brown agt. Wilde, 12 Johns. R. 455; Trowbridge agt. Baker, 1 Cow. R. 251, 253; Douglass…
2Cases cited6 opinions
- Giles v. O'TooleNew York Supreme Court · 1848
- Dolittle v. EddyNew York Supreme Court · 1849
- Westlake v. St. Lawrence County Mutual InsuranceNew York Supreme Court · 1852
- Armstrong v. SmithNew York Supreme Court · 1865
- Cook v. BrockwayNew York Supreme Court · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Brown v. ElliottNew York Court of Common Pleas · 1872
- Textile Publishing Co. v. SmithAppellate Terms of the Supreme Court of New York · 1900