Morgan v. Ryerson
Illinois Supreme Court
This was an action of assumpsit, brought by the appellee against the appellant. The first count of the declaration alleges that on the 11th day of April, 1856, plaintiff, at the request of defendant, purchased of defendant a certain horse for the sum of $225 ; and that said horse was sound and kind for a family horse ; plaintiff avers that said horse was not sound; but on the contrary, said horse was unsound at the time when, etc., whereby said horse ' became and was of no…
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This was an action of assumpsit, brought by the appellee against the appellant. The first count of the declaration alleges that on the 11th day of April, 1856, plaintiff, at the request of defendant, purchased of defendant a certain horse for the sum of $225 ; and that said horse was sound and kind for a family horse ; plaintiff avers that said horse was not sound; but on the contrary, said horse was unsound at the time when, etc., whereby said horse ' became and was of no use or value to plaintiff; and that he, the said plaintiff, had been put to great expense in and about taking care of…
1Opinion of the CourtBreese, J.
This was an action of assumpsit, brought upon a warranty given upon the sale of a horse, with a count for money had and received.
Much and conflicting testimony was heard on the trial, which it is the peculiar province of a jury, in such cases, to reconcile ; and an instance can scarcely be found in the books where a verdict has been set aside under such circumstances, even if it may appear to the court that the verdict may be against the weight of evidence. Lowry v. Orr, 1 Gilm. R. 70.
There is proof in the cause that Byerson returned the horse to Morgan so soon as he discovered the blemish,…
2Cited by9 opinions
- Bartelott v. International BankIllinois Supreme Court · 1887
- Corcoran v. City of ChicagoIllinois Supreme Court · 1940
- Chicago & Rock Island Railroad v. McKeanIllinois Supreme Court · 1866
- O'Brien v. PalmerIllinois Supreme Court · 1868
- Keokuk Packet Co. v. HenryIllinois Supreme Court · 1869
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