Hull v. Kirkpatrick

This was an action of trespass on the case by Kirkpatrick against Hull. The declaration contains three counts. The first charges that Hull, in a certain exchange of horses with Kirkpatrick, falsely represented his, Hull's, horse to be sound, when in truth, &c., he was not sound, but at the time of said exchange was, and still is, unsound, having a disease called glanders. The second count is similar to the first, with this exception : it alleges that Hull, when the exchange took place, knew his horse to be unsound. The third is, in substance, the same as the second, excepting an averment that…