Clark v. Gell

This action was brought upon a promissory note executed by the defendant to the plaintiff, for the sum of $120. The defendant in his answer admits the execution of the note but alleges that it was given for a horse sold by the plaintiff to the defendant, which the plaintiff warranted to be sound in every respect, when in- fact the horse was unsound and of no value whatever. On the trial of the cause the jury found for the defendant, and a motion for a new trial having been overruled, the action was dismissed.

The attorneys for the defendant have filed a motion in this court, supported by an…