Jones v. Scriven
New York Supreme Court
IN error, on certiorari, from a justice’s court. Sen- , , . - , . , ven brought an action or deceit and -warranty against Jones, for selling the art of manufacturing pot-ashes, in a new and improved mode, which he represented to be of great utility; and to induce the plaintiff to buy the art, he affirmed that the ashes would melt easier, and make one quarter more than in the common mode, &c.
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IN error, on certiorari, from a justice’s court. Sen- , , . - , . , ven brought an action or deceit and -warranty against Jones, for selling the art of manufacturing pot-ashes, in a new and improved mode, which he represented to be of great utility; and to induce the plaintiff to buy the art, he affirmed that the ashes would melt easier, and make one quarter more than in the common mode, &c. The defendant, at the trial, gave in evidence a former trial in a suit brought by Jones against Scriven, on a promissory note given by Scriven to Jones, for the art and skill of making pot-ashes, fkc. at…
1Per curiam
The defence in the former suit on the note, was not by way of set-off, but a direct objection to the consideration of the note ; and the very point in issue in this cause, namely, the value or worth of the art or skill sold, was tried and decided before. This very evidence was received by the jury, and the justice ought to have advised the jury that it was a bar, and the jury ought so to have found it. The judgment below must be reversed.
Judgment reversed.
2Cited by5 opinions
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