Legal Opinion

Duffee v. Mason

Court for the Trial of Impeachments and Correction of Errors

Decided October 15, 1827PublishedCited by 10 opinions

On error to the C. P. of Onondaga. Mason sued Duffee before a justice,-and declared for a fraud and warranty in the sale of a colt from the latter to the former. The justiee gave judgment for Duffee.

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On error to the C. P. of Onondaga. Mason sued Duffee before a justice,-and declared for a fraud and warranty in the sale of a colt from the latter to the former. The justiee gave judgment for Duffee. Mason appealed to the 0. P., where he proved that while negotiating the purchase of a colt from Duffee, and after the parties had examined it, he (M.) mentioned something about the colt being poor, to Duffee, who said “ there is nothing the matter of the colt; it is well and sound, and will make a fine horse.” The colt -proved -.to .have been ¡diseased .at *tbe .time. .Mason 4 said, after the…

1Opinion of the Court

Curia, per Sutherland, J.

The court below erred in charging the jury, that the words spoken by Duffee amounted to a warranty, although neither of the parties understood them so at the time. The words used may amount to a warranty, or may be matter of opinion merely; and it is for the jury to determine, from all the circumstances of the case, how they were understood and intended by the parties in-this-case.

In Chapman v. Murch, (19 John. 290,) it is ¡said by Spencer, Oh. J., it'is-not necessary, to constitute a warranty, that the word warrant should be used. Any words of equivalent import,…

2Cases cited6 opinions

  1. Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
  2. Swett v. ColgateNew York Supreme Court · 1822
  3. Chapman v. MurchNew York Supreme Court · 1822
  4. Bacon v. BrownCourt of Appeals of Kentucky · 1813
  5. Jackson v. WetherillSupreme Court of Pennsylvania · 1822

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Seixas v. WoodsNew York Supreme Court · 1804
  2. Davis v. Philadelphia Housing AuthorityCourt of Appeals for the Third Circuit · 1997
  3. Greater New York Mutual Insurance Company v. The North River Insurance Company Crum and Forster Holdings, Inc. Rodin Management Incorporated Crown Park Investors (d.c. Civil No. 94-Cv-05223). North River Insurance Company v. Greater New York Mutual Insurance Company (d.c. Civil No. 94-Cv-05554), Greater New York Mutual Insurance CompanyCourt of Appeals for the Third Circuit · 1996
  4. Van Schaick v. . Third Avenue R.R. Co.New York Court of Appeals · 1868
  5. Humphreys v. ComlineIndiana Supreme Court · 1847

5 more not listed; retrieve them via the Exa API.

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