Defreeze v. Trumper
New York Supreme Court
FROM the return to the certiorari in • this cause it appeared, that an action of trespass on the case, had been brought'by the present defendant, against the present plaintiff, before the justice, to" recover damages for the sale of a horse, the> title in which was, afterwards, proved to be in a1'third person, and not in the vendor.
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FROM the return to the certiorari in • this cause it appeared, that an action of trespass on the case, had been brought'by the present defendant, against the present plaintiff, before the justice, to" recover damages for the sale of a horse, the> title in which was, afterwards, proved to be in a1'third person, and not in the vendor. The horse had been sold by Defreeze, as executrix in her cmni wrong, to Trumper, and the administrators of the estate of the intestate, afterwards, recovered the value of the horse ' j .. vsV of the vendee. Before the trial of that cause, Trumper gave notice to…
1Per curiam
We are of opinion, that an express warranty was not requisite, for it is a general rule, that the law will imply a warranty of title upon the sale of a chattel. This rule is laid down in the commentaries of Sir William Blackstone, who says, Vol 2, 451, “ that by the civil law, an implied warranty was annexed to every sale, in respect to the title of the vendor ; and so too in our law, a purchaser of goods and chattels may have a satisfaction from the seller, if he sells them as his own, and the title prove deficient, without any express warranty for that purpose. But with regard to the…
2Cases cited1 opinion
- Seixas v. WoodsNew York Supreme Court · 1804
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- Sweetman v. . PrinceNew York Court of Appeals · 1863
- O'Brien v. . JonesNew York Court of Appeals · 1883
- Ketchum v. . Bank of CommerceNew York Court of Appeals · 1859
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