Hobart v. Young
Supreme Court of Vermont
Action for deceit and false warranty in tbe sale of a horse. Plea, the general issue. Trial by jury at the April term, 1890, Royce, Oh. J., presiding. Yerdict and judgment for the plaintiff. Exceptions by the defendant.
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Action for deceit and false warranty in tbe sale of a horse. Plea, the general issue. Trial by jury at the April term, 1890, Royce, Oh. J., presiding. Yerdict and judgment for the plaintiff. Exceptions by the defendant. The evidence of the plaintiff tended to show that in early June, 1888, he purchased a pair of horses of which the horse in question, was one; that he first saw these horses in May; that about the first of June he rode after them with the defendant; and that the defendant then warranted them to be sound. The plaintiff did not purchase them that day, but agreed with the…
1Opinion of the Court
The opinion of the court was delivered by
ROWELL, J.
As to the exclusion of the question put to Somers on cross-examination about his coming on a pass, it is enough to say that no offer was made to connect the plaintiff with furnishing him a pass if he came on one. Without this, the plaintiff could not be affected by the fact that the witness came on a pass.
The reasons urged to show error in not allowing defendant’s witnesses, Clark, Darby, and Fairfield, to testify their offers for the horses, come pretty much to the same point-relevancy to show soundness. All these witnesses had carefully…
2Cases cited14 opinions
- Hawkins v. . PembertonNew York Court of Appeals · 1872
- Shippen v. BowenSupreme Court of the United States · 1887
- Seixas v. WoodsNew York Supreme Court · 1804
- Steadman v. GuthrieCourt of Appeals of Kentucky · 1862
- Swett v. ColgateNew York Supreme Court · 1822
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hercules Powder Co. v. RichCourt of Appeals for the Eighth Circuit · 1924
- Distillers Distributing Corp. v. Sherwood Distilling Co.Court of Appeals for the Fourth Circuit · 1950
- Rosenthal v. RamboIndiana Supreme Court · 1905
- Larson v. CalderNorth Dakota Supreme Court · 1907
- Grout Bros. v. MoultonSupreme Court of Vermont · 1906
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