Barney v. Dewey
New York Supreme Court
This was án áctiéú of tfespriss ori the case.. , í^hé déclafe* contained ohé coünt, in which it was stated, that thé dfefondant, on the 1st of July, 1811, at the town of Fori Ann, in the county of Washington, intending to deceive rind defraud the plaintiff, did encourage him to buy a certain bay horse, théii in the possession of the defendant, of the value of 1A0 dollars^ and falsély, &c.,.affrmed that the said horse belonged to him, . the defendant, and that he had a right…
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This was án áctiéú of tfespriss ori the case.. , í^hé déclafe* contained ohé coünt, in which it was stated, that thé dfefondant, on the 1st of July, 1811, at the town of Fori Ann, in the county of Washington, intending to deceive rind defraud the plaintiff, did encourage him to buy a certain bay horse, théii in the possession of the defendant, of the value of 1A0 dollars^ and falsély, &c.,.affrmed that the said horse belonged to him, . the defendant, and that he had a right to sell rind dispose of a? otWV anc* thereby Caused.thé'plaintiff to purchase sa® horse, which the defendant delivered…
1Opinion of the CourtSpencer, J.
The defendant has demurred, specially, to the declaration, for three causes; 1st. That it does not set forth the contract between the parties; 2d. That it does not state any consideration moving from Barney to buy the horse of Dewey ; 3d. That thp plaintiff *226founds his right of action bn the recovery had against him by a. third person; and, 4th. Because the declaration contains the evidence of facts, and not the facts themselves.
None of the objections are well founded,' The declaration in not very technically drawn, but it contains every' essential requisite ; it is a mistake to suppose that…
2Cited by33 opinions
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- Drennan v. BunnIllinois Supreme Court · 1888
- Sackman v. ThomasWashington Supreme Court · 1901
- Wallace v. . StrausNew York Court of Appeals · 1889
- Dixon v. BarclaySupreme Court of Alabama · 1853
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