Fowler v. Anderson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frank Anderson, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 29th day of October, 1908, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 24th day of ¡November, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Chester, J.:
The action was brought to recover damages for a breach of warranty made upon the sale of a team of horses. The defense was a ■denial. Although the question of a- breach of warranty was the issue tendered by the pleadings and the one upon which much of *604the evidence upon the trial was taken, yet the court charged in substance that there was no question of warranty in the case and refused to submit that question to the jury. The plaintiff excepted, but as the judgment was in his favor his exceptions are not up for review.
The court charged, in substance, that the question for the jury…
2Cited by2 opinions
- Klimaszewski v. HerrickAppellate Division of the Supreme Court of the State of New York · 1942
- Sikes Co. v. Swift & Co.District Court, W.D. New York · 1949