Kilsby v. De Forest
Appellate Division of the Supreme Court of the State of New York
Appeal from Otsego county court. Action by Mark C. Kilsby against Edmund De Forest to recover damages for a breach of warranty in the sale of three cows to plaintiff by defendant. From a judgment of the county court affirming a judgment in justice’s court in favor of plaintiff, defendant appeals.
1Opinion of the CourtParker, P. J.
The verdict in this case having been for the plaintiff, we must assume that the statement made by the defendant as to the cows’ coming in was as testified to by the plaintiff; and such statement is not to be modified by anything which the defendant testified he then said, because, although the plaintiff was not recalled to deny it, the defendant’s narrative of the transaction is wholly inconsistent with that of the plaintiff. The defendant claims that there was an exchange of heifers for a cow and money, and that there were several interviews. The plaintiff claims but one transaction, — the…
2Cases cited1 opinion
- Richardson v. MasonNew York Supreme Court · 1868