Richardson v. Mason
New York Supreme Court
THIS action was brought before a justice of the peace in the county of Madison, where the plaintiffs complained that on or about September 3d, 1866, they bought of the defendants a certain number of cows, which the defendants represented and warranted to be with calf and to calve in good season, and in consequence of such representations and warranty the plaintiffs were induced to buy, and did buy said cows, and paid therefor the sum of $1685, whereas said cows, or a number…
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THIS action was brought before a justice of the peace in the county of Madison, where the plaintiffs complained that on or about September 3d, 1866, they bought of the defendants a certain number of cows, which the defendants represented and warranted to be with calf and to calve in good season, and in consequence of such representations and warranty the plaintiffs were induced to buy, and did buy said cows, and paid therefor the sum of $1685, whereas said cows, or a number of them, were not with calf, as represented and warranted, whereby the plaintiff suffered damage to the amount of two…
1Opinion of the Court
By the Court, Balcom, P. J.
The defendants raised the question in the county court that the evidence did not establish a warranty of the cows by them. The court refused to hold that no warranty was proved, and the defendants excepted. The court submitted the question to the jury whether the evidence established a warranty, and the defendants excepted.
The cows were purchased by the plaintiffs in the fall of the year 1866, on the defendants’ farm, in the county of Madison. The number was thirty-seven. The defendants had a larger number of cows. The plaintiff Fletcher testified as follows: “I…
2Cases cited3 opinions
- Whitney v. SuttonNew York Supreme Court · 1833
- Cook v. MoseleyNew York Supreme Court · 1835
- Rogers v. AckermanNew York Supreme Court · 1856
3Cited by3 opinions
- Kilsby v. De ForestAppellate Division of the Supreme Court of the State of New York · 1902
- Kilsby v. De ForestAppellate Division of the Supreme Court of the State of New York · 1902
- New York State Monitor Milk Pan Co. v. RemingtonNew York Supreme Court · 1886