Cutler v. Carpenter
New York Supreme Court
Case, in the Court below, by Cutler against Carpenter, for fraud in the sale of a horse. At the sale, the defendant represented the horse good to work, as far as he knew ; whereas he was fickle, and the defendant had said, that the horse had troubled him once, in drawing hay.
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Case, in the Court below, by Cutler against Carpenter, for fraud in the sale of a horse. At the sale, the defendant represented the horse good to work, as far as he knew ; whereas he was fickle, and the defendant had said, that the horse had troubled him once, in drawing hay. To shew, however, that he had not deceived the plaintiff, the defendant called a witness, who swore that, in a conversation with 7 7 the plaintiff, he said that the defendant had told him, that he had had one scrape with the horse; hut there was nothing in the conversation from which he could say that the plaintiff…
1Opinion of the Court
Curia.
The Justice erred in permitting the witness to state his belief, after he had sworn that there was nothing in the conversation, from which he could say that the plaintiff referred to the time of the sale.
Judgment reversed, (a)
When a witness may give his opinion, vid. 1 Phil. Ev. 226, and the eases there cited. The 2 Am. ed. p. 209, contains the cases more fully. In Snell et al. v. Moses et al. (1 John. Rep. 96,) a witness was allowed by Livingston, J. at nisi prius, to give his impression as to the substance of a conversation.
2Cases cited1 opinion
- Snell, Stag, & Co. v. I. Moses & SonsNew York Supreme Court · 1806
3Cited by5 opinions
- People v. AcritelliNew York Court of General Session of the Peace · 1908
- Carrington v. . WardNew York Court of Appeals · 1877
- McHugh v. Bashore, Pennsylvania Court of Common Pleas, Schuylkill County1874
- In re the Distribution of Fritchey's Estate, Pennsylvania Court of Common Pleas, Dauphin County1859
- Miller v. MillerNew York Supreme Court · 1871