Fowler v. Abrams
New York Court of Common Pleas
This case came up on the defendant’s appeal from a judgment, entered under the direction of a judge at special term, upon the verdict of a jury. The questions involved arose upon a refusal to nonsuit, at the trial, and upon the charge to the jury. The facts are fully stated in the opinion.
1Opinion of the CourtBy the Court. Woodruff, J.
This is an action on the case for a false warranty. The plaintiff complains, that he bargained with the defendant to buy. of him a horse, etc., and the said defendant, by falsely and fraudulently warranting the said horse to be sound, etc., then and there sold the said horse to the said plaintiff for $150, then and there paid to him by the plaintiff for the.same;- that the home, at the time; etc., *3was not sound, but was unsound and diseased, etc., and by means of the premises the defendant falsely and fraudulently deceived the plaintiff, etc., and by such false and fraudulent warranty of the…
2Cases cited5 opinions
- Fitch v. NewberryMichigan Supreme Court · 1843
- Vail v. StrongSupreme Court of Vermont · 1838
- Bartholomew v. BushnellSupreme Court of Connecticut · 1850
- Executors of Evertson v. MilesNew York Supreme Court · 1810
- Hallock v. PowellNew York Supreme Court · 1804