Legal Opinion

Armstrong v. Percy

New York Supreme Court

Decided October 15, 1830PublishedCited by 49 opinions

Report of referees. Armstrong sued Percy in an action of assumpsit for failure of title to a horse sold to him by Percy. The cause was referred by consent of parties to referees.

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Report of referees. Armstrong sued Percy in an action of assumpsit for failure of title to a horse sold to him by Percy. The cause was referred by consent of parties to referees. On the hearing, the following facts appeared; In August, 1825, the plaintiff bought a horse of the defendant and gave him in payment $55 in cash, and a horse valued at about $85. In March, 1827, the plaintiff sold the horse he purchased of the defendant, together with another, to one A. Milligan, and took his notes for $225. In May following, the horse bought of the defendant was taken by one Gordon from the…

1Opinion of the Court

By the Court,

Marcy, J.

To the motion in this case on the part of the defendant to set aside the report of referees on the merits, it is urged as a preliminary objection that the matter in controversy was not referable under the statute. The action is assumpsit, in which the plaintiff claims damages in consequence of the failure in the title to a horse purchased of the defendant. The action is such in which a reference is usually ordered by the court; but it is quite evident we should not have ordered it in this case, because the action could not have involved the investigation of long…

2Cited by49 opinions

  1. City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
  2. Donnell v. JonesSupreme Court of Alabama · 1848
  3. Passinger v. . ThorburnNew York Court of Appeals · 1866
  4. Menzel v. ListNew York Court of Appeals · 1969
  5. Pegram v. StortzWest Virginia Supreme Court · 1888

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