Hanson v. Edgerly
Superior Court of New Hampshire
Case for deceit in the sale of a horse. The defendant pleaded the general issue. At the trial, it was in controversy between the parties whether the sale of the horse in question was made to the plaintiff alone, or to him and one Stephen French, or to said French alone.
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Case for deceit in the sale of a horse. The defendant pleaded the general issue. At the trial, it was in controversy between the parties whether the sale of the horse in question was made to the plaintiff alone, or to him and one Stephen French, or to said French alone. It appeared in evidence that a note was given to the defendant for the horse, signed by the plaintiff and said French; and the defendant introduced as a witness his son, James B. Edgerly, who testified that on the day of the sale, after the horse had been led away from the defendant’s stable by said French, the witness, by…
1Opinion of the Court · WoodsWoods, J.
The principal question for decision grows out of the instructions to the jury. They were instructed, in effect, that if at the time of the sale the horse was diseased, and the defendant knew him to be so, but represented him to be otherwise, or concealed or withheld the facts of the existence of the disease from the plaintiff, with the intent and for the purpose of misleading and deceiving him, their verdict should be for the plaintiff; otherwise for the defendant. This portion of the instructions contains the mat*351ter of which complaint is made. The precise ground of exception is that the…
Also in this document: Opinion of the Court · Richardson.
2Cases cited4 opinions
- Mershon v. CommonwealthCourt of Appeals of Kentucky · 1859
- Commonwealth v. Van TuylCourt of Appeals of Kentucky · 1858
- Lord v. ColleySuperior Court of New Hampshire · 1833
- Stevens v. FullerSuperior Court of New Hampshire · 1837
3Cited by3 opinions
- Town of Hooksett School District v. W.R. Grace & Co.District Court, D. New Hampshire · 1984
- Oxford Shipping Co., Ltd. v. New Hampshire Trading Corp., Oxford Shipping Co., Ltd. v. New Hampshire Trading Corp., Avon Trading Corp.Court of Appeals for the First Circuit · 1983
- Spead v. TomlinsonSupreme Court of New Hampshire · 1904