Moore v. Noble
New York Supreme Court
ACTION to recover damages for a breach of warranty in the sale of a horse. It was brought before a justice of the peace in Jefferson county.
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ACTION to recover damages for a breach of warranty in the sale of a horse. It was brought before a justice of the peace in Jefferson county. The complaint was as follows: “ That on or about the month of March, 1865, the said plaintiff, at the town of Hourisfield, purchased a certain horse of the defendant, for and at the agreed price' of $120, and paid the said defendant said sum ; that said defendant, to induce the plaintiff to purchase the said horse, falsely and fraudulently represented the s.aid horse worth and of the value of $120, and guarantied the said horse to be sound in all…
1Opinion of the Court
By the Qourt, Bacon, J.
If the action, in this case, had been simply for a breach of warranty, it is possible the judgment might be upheld, although the evidence is far from being very satisfactory, either that an unsoundness existed at the time of the sale of the mare, or that. the plaintiff relied upon, and bought upon, the faith of the alleged representations of the defendant. And in this *427respect it would be immaterial whether the defendant did or did not know of the unsoundness, prior to the sale; because upon an absolute warranty it is unnecessary to allege a scienter, and upon such a…
2Cases cited2 opinions
- Tifft v. TifftNew York Supreme Court · 1847
- Thomas v. . BeebeNew York Court of Appeals · 1862
3Cited by5 opinions
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Ross v. . MatherNew York Court of Appeals · 1872
- Sumner v. RogersSupreme Court of Missouri · 1886
- Marshall v. GrayNew York Supreme Court · 1870
- Brown v. BrockettNew York County Court, Herkimer County · 1877