Ross v. . Mather
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the seventh judicial district, in favor of plaintiff, entered upon an order denying motion for a new trial, and directing judgment upon verdict. (Reported below, 47 Barb., 582.) The action was brought to recover damages upon sale of a horse. The summons in this case stated that the plaintiff would apply to the court for the relief demanded in the complaint.
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Appeal from judgment of the General Term of the Supreme Court in the seventh judicial district, in favor of plaintiff, entered upon an order denying motion for a new trial, and directing judgment upon verdict. (Reported below, 47 Barb., 582.) The action was brought to recover damages upon sale of a horse. The summons in this case stated that the plaintiff would apply to the court for the relief demanded in the complaint. The complaint alleged in substance the sale of a horse by the defendant to the plaintiff, which was lame in one hind leg; that on the sale the defendant warranted, and…
1Opinion of the Court
Hunt, C.
The complaint contains all the elements of a complaint for a fraud. It must be held to be such unless the, distinction between the two forms of action is at an end. While it contains all that is necessary to authorize a recovery upon a contract, it contains much more. These additional allegations are so important and are stated in a manner so logical and orderly, that they determine the character of the action. In addition to what is necessary to sustain an action upon contract, the complaint alleges: 1. That the defendant “fraudulently represented ” that the lameness arose from an…
2Cases cited4 opinions
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Walter v. . BennettNew York Court of Appeals · 1857
- Moore v. NobleNew York Supreme Court · 1867
- Marshall v. GrayNew York Supreme Court · 1870
3Cited by35 opinions
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Ainger v. Michigan General Corp.District Court, S.D. New York · 1979
- Greentree v. . RosenstockNew York Court of Appeals · 1875
- Wilson v. Haley Live Stock Co.Supreme Court of the United States · 1894
- Sumner v. RogersSupreme Court of Missouri · 1886
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