Blackburn v. Ostrander

Lake, Oh. J.

There are several errors formally assigned, but in substance they amount simply to this, that the verdict is not sustained by sufficient evidence. The action in the court below was on a promissory note, given by the plaintiffs *220in error, on the sale of a horse, November 26,1868. The answer alleges, as ground of defense, that at the time of said sale the horse, for which the note was given, was diseased of the glanders, which the plaintiff well knew but fraudulently represented the animal to be sound. Issue being joined on this defense, the case was tried to a jury and a verdict…