Mahurin v. Harding
Superior Court of New Hampshire
Trespass on the case. The declaration was as follows: In a plea of trespass on the case, for that the said J. & J. (defendants,) on &c., at &c., being possessed of one mare, of a dark brown color, which mare was unsound and infected with a bad and inveterate disease, commonly called glanders, which rendered the said mare good for nothing; and the plaintiff being then and there also possessed of another mare, of a bay color, of his own proper mare, of the value of §5100 ; the…
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Trespass on the case. The declaration was as follows: In a plea of trespass on the case, for that the said J. & J. (defendants,) on &c., at &c., being possessed of one mare, of a dark brown color, which mare was unsound and infected with a bad and inveterate disease, commonly called glanders, which rendered the said mare good for nothing; and the plaintiff being then and there also possessed of another mare, of a bay color, of his own proper mare, of the value of §5100 ; the defendants, to induce the plaintiff to exchange with them, did then and there falsely and fraudulently affirm to the…
1Opinion of the CourtBell, J.
The declaration in this case is in trespass on the case for deceit in a sale.
It is said in some of the books that assumpsit and case for deceit are in certain cases concurrent remedies for the same injuries in the sale of horses; and to some extent this is true.
Where a seller is chargeable upon an implied warranty of *130title, or where he makes an express warranty, or makes such ^statements as to the quality of the article he sells as he intends the purchaser shall rely upon, and which in law constitute a warranty; (Morrill v. Wallace, 9 N. H. Rep. 111; Whitney v. Sutton, 10 Wend. 413;) Cook v.…
2Cases cited21 opinions
- Vail v. StrongSupreme Court of Vermont · 1838
- Barney v. DeweyNew York Supreme Court · 1816
- Steadman v. GuthrieCourt of Appeals of Kentucky · 1862
- Mershon v. CommonwealthCourt of Appeals of Kentucky · 1859
- Young & Otis v. CovellNew York Supreme Court · 1811
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3Cited by1 opinion
- Spead v. TomlinsonSupreme Court of New Hampshire · 1904