Collins v. . Gifford
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 15, 1910, affirming a judgment in favor of plaintiff entered upon a decision of the Eensselaer County Court on trial without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. Even if fraud incident to the contract had been proved this action could not be maintained against the defendant.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 15, 1910, affirming a judgment in favor of plaintiff entered upon a decision of the Eensselaer County Court on trial without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. Even if fraud incident to the contract had been proved this action could not be maintained against the defendant. (Studer v. Bleistein, 115 N. Y. 324; 2 Pom. Eq. Juris. § 892; Slaughter v. Gerson, 80 U. S. 379; Farrar v. Churchill, 135 U. S. 609; Smith v.…
1Opinion of the CourtWillard Bartlett, J.
On November 10, 1905, the plaintiff purchased from the defendant, who was an infant, a sorrel mare, for the agreed price of $175. The defendant warranted the horse to be “free from any and all diseases of every name and nature, except a slight bruise on the eye, which the defendant said was caused by knocking against something-in the stall.” The plaintiff relied upon this statement of the defendant and believed the same to be true. The horse, at the time of the purchase, was in fact suffering from an incurable disease of the eye known as specific ophthalmia, which results in total blindness.…
2Cases cited5 opinions
- People v. KendallNew York Supreme Court · 1841
- Campbell v. . PerkinsNew York Court of Appeals · 1853
- Gilson v. SpearSupreme Court of Vermont · 1865
- Wilt v. WelshSupreme Court of Pennsylvania · 1837
- Lowery v. CateTennessee Supreme Court · 1901
3Cited by9 opinions
- Sternlieb v. Normandie National Securities Corp.New York Court of Appeals · 1934
- Brown v. WoodMichigan Supreme Court · 1940
- Covault v. NevittWisconsin Supreme Court · 1914
- Daugherty v. RevealIndiana Supreme Court · 1913
- Hunter v. Egolf Motor Co.Appellate Court of Illinois · 1932
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