Legal Opinion

Heastings v. McGee

Supreme Court of Pennsylvania

Decided November 3, 1870PublishedCited by 8 opinions

Error to the District Court of Allegheny county: No. 128, to October and November Term 1870. This was an action on the case for deceit, commenced November 20th 1868, by Joseph Heastings against John McGee.

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Error to the District Court of Allegheny county: No. 128, to October and November Term 1870. This was an action on the case for deceit, commenced November 20th 1868, by Joseph Heastings against John McGee. The declaration contained but one count, viz., “that the defendant was the owner and possessor of one horse, which, if sound, was of the value of $100, but which said horse had a dangerous, contagious, incurable disease called glanders, which the said defendant then and there we'll knew, and which said disease rendered ^valueless and unfit for sale, and a dangerous common nuisance; and the…

1Opinion of the Court

The opinion of the court was delivered, January 3d 1871, by

Williams, J.

— This was an action on the case for deceit in the sale of a horse. The jury found, under instructions of the court, that the horse was fatally diseased at the time of the sale, and that the defendant knew it, and assessed the plaintiff’s damages at $103.50, subject to the opinion of the court on the question of law reserved, viz., Whether the plaintiff;* having failed or neglected to offer to return the horse to the defendant, but on the contrary having retained and destroyed the animal without having made any such offer,…

2Cases cited5 opinions

  1. Whitney v. AllaireNew York Supreme Court · 1847
  2. Boorman v. JenkinsNew York Supreme Court · 1834
  3. Dill v. CampSupreme Court of Alabama · 1853
  4. Gutzwiller v. LackmanSupreme Court of Missouri · 1856
  5. Wilson v. BiggerSupreme Court of Pennsylvania · 1844

3Cited by8 opinions

  1. Sonnesyn v. AkinNorth Dakota Supreme Court · 1905
  2. Emery v. Third Nat. Bk. of PittsburghSupreme Court of Pennsylvania · 1934
  3. Smalley v. MorrisSupreme Court of Pennsylvania · 1893
  4. Etna Forge & Bolt Co. v. Youngstown Sheet & Tube Co.Court of Appeals for the Third Circuit · 1922
  5. Guffey v. Clever, Pennsylvania Court of Common Pleas, Alleghany County1892

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