Morehouse v. . Mathews
New York Court of Appeals
Morehouse sued Mathews in a justice’s court, in the county of Allegany, to recover damages alleged to have been sustained by him in consequence of the defendant’s breach of contract, in not feeding to the plaintiff’s cattle hay of as good quality as he had agreed to do.
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Morehouse sued Mathews in a justice’s court, in the county of Allegany, to recover damages alleged to have been sustained by him in consequence of the defendant’s breach of contract, in not feeding to the plaintiff’s cattle hay of as good quality as he had agreed to do. After proving the contract by a witness, Charles Morehouse, and that hay of an inferior quality to that contracted for, had been fed by the defendant to the plaintiff’s cattle, the same witness was asked by the plaintiff what damage accrued in consequence of feeding the cattle upon the hay m question, instead of that agreed…
1Opinion of the Court
Shankland J.
The question propounded to the witness seems to have been understood by the defendant, and by the witness himself, to call for his opinion as to the amount of damages, rather than to the fact whether damage accrued, and the character of it, as the language of the interrogatory would more properly imply. What damage accrued in consequence of feeding cattle upon poor hay, instead of good hay, called for no opinion of the witness, but for a specification of facts, as its legitimate response; and the question put to the witness in this case, was strictly legal. But the defendant and…
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- Benkard v. BabcockThe Superior Court of New York City · 1864
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