Morrill v. Aden
Supreme Court of Vermont
Assumpsit upon two promissory notes, dated June 5, 1845. The defendant pleaded the general issue, and also pleaded, in offset, that, on the 5th day of June, 1845, in consideration that the defendant would purchase of the plaintiff a certain mare, the plaintiff warranted the said mare to be kind and safe in the harness and suitable for the use of the defendant's family; and he averred a breach of the warranty. Trial by jury, June Term, 1846, — Kellogg, J., presiding.
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Assumpsit upon two promissory notes, dated June 5, 1845. The defendant pleaded the general issue, and also pleaded, in offset, that, on the 5th day of June, 1845, in consideration that the defendant would purchase of the plaintiff a certain mare, the plaintiff warranted the said mare to be kind and safe in the harness and suitable for the use of the defendant's family; and he averred a breach of the warranty. Trial by jury, June Term, 1846, — Kellogg, J., presiding. On trial, the plaintiff having given in evidence the notes declared upon, the defendant proved, that on the 5th day of June,…
1Opinion of the Court
The opinion of the court was delivered by
Davis, J.
This is assumpsit on two notes payable in specific articles. The general issue was pleaded, and also a plea in offset, and issue was joined to the country.
It appears by the exceptions, that the consideration of the notes was the sale to the defendant of a mare and a clock. In addition *508to these notes the defendant delivered to the plaintiff, at the time .he received the máre, a harness. The clock was never delivered. The plea in offset is founded upon a warranty, that the mare was kind and good to work, whereas, in truth, she had an inveterate…
2Cases cited3 opinions
- Bigelow v. KinneySupreme Court of Vermont · 1830
- Judson v. WassNew York Supreme Court · 1814
- West v. MooreSupreme Court of Vermont · 1842
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