Harris v. Hammond

By the court—T. R. Stong, Justice.

This action is upon a promissory'note for $100 and interest. The answer is, that the note was given upon the sale of a horse by the plaintiff to Hammond, and a breach of warranty by the plaintiff on .the sale, of the soundness of the horse. After issue was joined, *124Hammond commenced an action against the plaintiff before a justice of the peace, for a fraudulent representation of the soundness of the horse, manifestly embracing the same matter as the warranty, and the defendant therein put in an answer, among other things, denying the complaint.

The latter…