Bosworth v. Higgins
New York Supreme Court
Appeal from judgment on report of referee. Action by Edward J. Bosworth against Edward E. Higgins, for breach of contract on sale of a horse. The action was begun in the municipal court of Rochester, where judgment was entered against defendant. On appeal to the county court of Monroe county the case was referred by consent, and on the report of the referee, judgment being again entered against defendant, he appeals.
1Opinion of the CourtMacomber, J.
This action was originally begun in the municipal court of the city of Rochester. The complaint was filed for the recovery of damages in the exchange of horses between the parties. The answer which was interposed set up a general denial, and also a counter-claim for damages for breach of warranty of a gray horse which was turned out by the plaintiff to the defendant in the trade. At the trial in that court the defendant did not appear, and judgment was taken against him. His appeal to the county court from the judgment entered in the municipal court was for the purpose of obtaining a new…
2Cases cited6 opinions
- Arthur v. . GriswoldNew York Court of Appeals · 1874
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Ross v. . MatherNew York Court of Appeals · 1872
- Price v. . BrownNew York Court of Appeals · 1885
- Graves v. . WaiteNew York Court of Appeals · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Steinam v. BellNew York Court of Common Pleas · 1894
- Bartlett v. BunnNew York Supreme Court · 1889