Atkins v. Hosley
New York Supreme Court
Appeal from a judgment in favor of plaintiff, entered upon the report of a referee. The action was brought by the plaintiff David F. Atkins against the defendants Frank Hosley and Michael Doran, to recover damages for a breach of warranty of title to a canal boat. The material facts appear in the opinion. Other facts in relation to the matter will be found in the case of Halstead v. Swartz, 1 N. Y. Sup. 559.
1Opinion of the CourtGilbert, J.
The defendants being in the actual possession of the canal boat at the time of the sale thereof to the plaintiff, the law annexed, by implication, a warranty of title thereto by the vendors. Scranton v. Clark, 39 N. Y. 220. It is otherwise when a vendor sells chattels not in his possession. S. C., 39 Barb. 273, and authorities cited. In this case it cannot be disputed that the defendants gave such a warranty, for the answer expressly admits the fact. In the findings of the referee, the warranty is stated to be one against incumbrances only, but the facts found clearly establish a warranty of…
2Cases cited13 opinions
- Mack v. . PatchinNew York Court of Appeals · 1870
- Candee v. . LordNew York Court of Appeals · 1849
- Charter v. StevensNew York Supreme Court · 1846
- Staats v. Executors of Ten EyckNew York Supreme Court · 1805
- Leitch v. . WellsNew York Court of Appeals · 1872
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