Hall v. Colyer
New York Supreme Court
Appeal from circuit court, Kings county. Action by Edward J. Hall, Jr., against Cornelius B. Colyer. Verdict for plaintiff. From the judgment rendered thereon defendant appeals.
1Opinion of the CourtBarnard, P. J.
The action is one for breach of warranty, given on the sale of a team of horses by defendant to plaintiff. The warranty was in writing, and was that the team was “sound and kind in every respect.” The warranty being undisputed, the sole question litigated on the trial was whether there was a breach. It is proven that on the very first occasion the horses were used by the plaintiff one of the horses put down his head without cause, and rushed away to one side of the road, and barely escaped running into another carriage. The same horse subsequently, and with the same driver, again, without…
2Cited by1 opinion
- Hafner v. McCaffreyAppellate Terms of the Supreme Court of New York · 1897