Legal Opinion

Barrett v. Western

New York Supreme Court

Decided April 5, 1870PublishedCited by 3 opinions

APPEAL, by the defendant, from a judgment of the Lewis county court, in an action originally commenced in a justice’s court. The opinion states the facts.

1Opinion of the Court

By the Court,

Mullin, J.

The defendant purchased of the plaintiff a wagon and buggy, at the price of $175, and offered in payment therefor the note of one Robert Simons for $150, payable in six months, with interest, to the defendant or bearer, and $25 in money, representing the note as good and against a good man. The plaintiff was ignorant of Simons’ s circumstances, and received the note relying upon the representation of the defendant that it was good.

The defendant borrowed the note of Simons, agreeing to pay it at maturity. Before the transfer to the plain*206tiff he (the defendant) was told…

2Cases cited3 opinions

  1. Bennett v. . JudsonNew York Court of Appeals · 1860
  2. Craig v. WardNew York Supreme Court · 1862
  3. Shaw v. StineThe Superior Court of New York City · 1861

3Cited by3 opinions

  1. Carvill v. JacksSupreme Court of Arkansas · 1884
  2. McNulty v. SolleyNew York Supreme Court · 1883
  3. McNulty v. SolleyNew York Supreme Court · 1883

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