Arfman v. Hare
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment rendered in favor of,the plaintiff in the Municipal Court, fifth district, borough of Manhattan.
1Opinion of the CourtFreedman, P. J.
This action Was brought to recover damages for the alleged breach of warranty in the sale of a horse. The court below by its judgment decided all disputed questions of fact in favor'of the plaintiff. The court had a right to pass upon all questions of fact and its conclusion in this case cannot be said to be clearly against the weight of evidence. ' It must be assumed that the court decided that this defendant, at the time the mare in *778question was offered for sale, and struck off to the plaintiff, represented and warranted her to he sound.
The defendant must be treated under all the facts and…
2Cases cited2 opinions
- Argersinger v. . MacNaughtonNew York Court of Appeals · 1889
- Cabre v. SturgesNew York Court of Common Pleas · 1856
3Cited by2 opinions
- Bohannon v. Illinois Bankers Life Ass'nMissouri Court of Appeals · 1929
- Taubenblatt v. GalewskiAppellate Terms of the Supreme Court of New York · 1908