Legal Opinion

Goodenough v. Snow

Supreme Court of Vermont

Decided April 15, 1855PublishedCited by 3 opinions

Declaration. Action on the case. After a trial by jury which resulted in a verdict for the plaintiff, in the course of which exceptions were taken, which do not appear to have been relied upon in the supreme court, the defendant filed a motion in arrest, on account of the insufficiency of the declaration. The county court, March Term, 1854, — Poland, J., presiding, — overruled the motion in arrest to which the defendant also excepted. The declaration was as follows.

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Declaration. Action on the case. After a trial by jury which resulted in a verdict for the plaintiff, in the course of which exceptions were taken, which do not appear to have been relied upon in the supreme court, the defendant filed a motion in arrest, on account of the insufficiency of the declaration. The county court, March Term, 1854, — Poland, J., presiding, — overruled the motion in arrest to which the defendant also excepted. The declaration was as follows. “In a plea of the case for that the plaintiff on the 1st day of November, 1851, at Calais, in the county of Washington…

1Opinion of the Court

The opinion of the court was delivered by

Isham, J.

The only question which has been raised in the argument of this case arises on the motion in arrest. The action is in case, in form ex delicto ; in which the plaintiff complains of a fraud, deceit and false warranty in an exchange of horses with the defendant. The principles governing the rights of parties, in cases of this character, seem to be well settled in this state by former decisions. When, on a sale or exchange of property, false representations have been made, but no warranty, a scienter must be avered in the declartion and proved on…

2Cases cited2 opinions

  1. Vail v. StrongSupreme Court of Vermont · 1838
  2. Beeman v. BuckSupreme Court of Vermont · 1830

3Cited by3 opinions

  1. Caldbeck v. SimantonSupreme Court of Vermont · 1909
  2. Pinney v. AndrusSupreme Court of Vermont · 1869
  3. Patee v. PeltonSupreme Court of Vermont · 1876

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