Sargent v. Currier
Supreme Court of New Hampshire
Assumpsit, by Jacob Sargent against Levi Currier, for money paid, and money had and received. Writ dated May 27, 1868. Plea : The general issue and brief statement of the statute of limitations.
Read the full summary
Assumpsit, by Jacob Sargent against Levi Currier, for money paid, and money had and received. Writ dated May 27, 1868. Plea : The general issue and brief statement of the statute of limitations. The plaintiff claimed to recover $100 and interest from June 2, 1862. One Carter, owning a horse, mortgaged it to one Hill, and afterwards sold it to defendant, September 4, 1861; and in one or two months after that time, the horse passed by exchange, from defendant to plaintiff, and by exchange the horse afterwards passed to one Philbrick, and from him to one Hodgdon. Hill then took the horse on his…
1Opinion of the CourtSmith, J.
When the defendant exchanged horses with the plaintiff, he impliedly warranted the title to the horse given by him in exchange; and the defendant thereby became answerable to the plaintiff, in case the title proved defective, whether the defendant knew the defect of his title or not; 1 Par. on Con. 4th Ed. 457-8 ; 2 Kent’s Com. 478. This implied warranty is not confined to the vender’s right to sell, but is, in substance, a warranty that his title is perfect, and free from all liens and incumbrances : See Dresser v. Ainsworth, 9 Barbour 619. The plaintiff, having paid Philbrick, who paid…
2Cases cited3 opinions
- Ticonic Bank v. SmileySupreme Judicial Court of Maine · 1847
- McIntyre v. WardSupreme Court of Vermont · 1846
- Kearney v. TannerSupreme Court of Pennsylvania · 1827