Springsteed v. Lawson
New York Supreme Court
Appeal from a judgment and motion for a new trial on the ground of the misconduct of j urors. This action was brought by William W. Springsteed against Peter Lawson, to recover $325, for breach of warranty, and fraud in the sale of a horse.
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Appeal from a judgment and motion for a new trial on the ground of the misconduct of j urors. This action was brought by William W. Springsteed against Peter Lawson, to recover $325, for breach of warranty, and fraud in the sale of a horse. The complaint was as follows: “ Plaintiff complains of the defendant for that, on or about the 29th of October, 1859, at the city of Albany, the said defendant then and there sold the said plaintiff a certain young horse for the sum of four hundred dollars, and then and there, falsely and fraudulently, warranted the said horse was then free from cold, and…
1Opinion of the Court
By the Court.*—Peckham, J.
is an appeal from a judgment entered on a verdict for the defendant at a circuit in Albany. The case is heard on exceptions, and a motion for a new trial on account of misconduct in the jury comes on at the same time by order of the special term where that motion was first made.
The first ground relied upon in the exceptions is, that the court erred in refusing to charge that the plaintiff might recover in-this case without proving fraud. The complaint in this case contains all the elements of two distinct separate causes of action—a breach of warranty, and also fraud…
2Cases cited1 opinion
- Sweet v. IngersonNew York Supreme Court · 1856
3Cited by2 opinions
- Henderson v. JacksonThe Superior Court of New York City · 1870
- P. W. Strader & Co. v. Marietta & Cincinnati RailroadOhio Superior Court, Cincinnati · 1872