Morehouse v. Northrop
Supreme Court of Connecticut
Action on the case against Gad G. Northrop and John J. Stillson, the declaration containing two counts. In the first it was alleged “ that at the town of New Milford, on the 3d day of May, 1862, at the special instance and request of the defendants, they, the plaintiffs, bargained with the defendants to buy of them a large number of hogs, to wit, one hundred and forty-three hogs, which said hogs belonged to the said defendants jointly, at the price of five hundred and…
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Action on the case against Gad G. Northrop and John J. Stillson, the declaration containing two counts. In the first it was alleged “ that at the town of New Milford, on the 3d day of May, 1862, at the special instance and request of the defendants, they, the plaintiffs, bargained with the defendants to buy of them a large number of hogs, to wit, one hundred and forty-three hogs, which said hogs belonged to the said defendants jointly, at the price of five hundred and thirty-six dollars and twenty-five cents; and the defendants then and there, by falsely and fraudulently warranting the said…
1Opinion of the CourtCarpenter, J.
The plaintiffs had their election to bring their action in assumpsit or tort. They chose the latter. The declaration contains two counts ; the first is for a false warranty, the second is for a false warranty and also for a fraud in the sale of the hogs. Whether this count would have stood the test of a special demurrer, it is not now necessary to enquire. It is in form and substance a count for fraud, and with the exception of the word warranting, is in the usual form. We think it was so intended by the pleader, and as such was propei-ly joined with a count for false warranty. Humiston v.…
2Cases cited5 opinions
- Huston v. Peters, Hardin & Co.Court of Appeals of Kentucky · 1859
- Adams v. WaySupreme Court of Connecticut · 1864
- State v. AlfordSupreme Court of Connecticut · 1862
- Fitch v. Woodruff & Beach Iron WorksSupreme Court of Connecticut · 1860
- Humiston v. SmithSupreme Court of Connecticut · 1852
3Cited by9 opinions
- Irving Nat. Bank v. LawCourt of Appeals for the Second Circuit · 1926
- Scholfield Gear & Pulley Co. v. ScholfieldSupreme Court of Connecticut · 1898
- Mucci v. LeMonteSupreme Court of Connecticut · 1969
- Frick v. ReynoldsSupreme Court of Oklahoma · 1898
- Lowance v. JohnsonWest Virginia Supreme Court · 1915
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