Legal Opinion

Paddock v. Strobridge

Supreme Court of Vermont

Decided May 15, 1857PublishedCited by 7 opinions

Action on the case for deceit in exchange of horses. Plea, the general issue; trial by jury, June Term, 1856,— Underwood, J., presiding.

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Action on the case for deceit in exchange of horses. Plea, the general issue; trial by jury, June Term, 1856,— Underwood, J., presiding. The plaintiff’s evidence tended to show that in September, 1853, he employed one Dow to go to market for him with horses ; that Dow on his return put up or stopped at the defendant’s tavern, in Peacham, and put his horse in the barn, there being no one present to take him, and went into the house ; that the defendant soon came in and proposed to Dow to exchange horses, and said he had a young horse, too young for his business, (which was staging,) which had…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, Ch. J.

The question in this case is whether, in the \ sale of a horse having an internal and secret malady, of a fatal I character, and no external indications calculated to excite suspicion / of its existence, but known to the seller, and not to the purchaser *476and which the seller knows or believes the purchaser would not buy if he did know of its existence, and still sells at such a price as the article seems to be worth, without disclosing the defect, he is guilty of such fraud and deceit as will be actionable.

There is no doubt that there is…

2Cases cited1 opinion

  1. Laidlaw v. OrganSupreme Court of the United States · 1817

3Cited by7 opinions

  1. Crompton v. BeedleSupreme Court of Vermont · 1910
  2. Newell Brothers v. HansonSupreme Court of Vermont · 1924
  3. Sutfin v. SouthworthSupreme Court of Vermont · 1987
  4. Moncion v. BertrandSupreme Court of Vermont · 1925
  5. Liland v. TwetoNorth Dakota Supreme Court · 1910

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