Cornell v. Fox
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John M. Fox, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in "favor of the plaintiff, entered in the office of the clerk of said court on the 5th day of February, 1904.
1Opinion of the Court
Willard Bartlett, J.:
The defendant sold a horse to the plaintiff for $125. The agree-, ment of sale provided that the plaintiff should be entitled to return the horse to the defendant within two weeks if there was “ anything the matter with him.” The horse proved to be unsound, and on the last day of the specified period of two weeks the plaintiff sent the animal to the premises of the defendant in the borough of Brooklyn, where the purchase had been made, by a messenger who arrived there at nine-twenty o’clock'in the evening. The defendant was not present, but the messenger found his sister,…
2Cases cited2 opinions
- Cornwell v. . HaightNew York Court of Appeals · 1860
- Karker v. HaverlyNew York Supreme Court · 1867