Foster v. Estate of Caldwell
Supreme Court of Vermont
Appeal from the decision of the probate court, accepting the report of commissioners disallowing the plaintiff’s claim. The plaintiff alleged in his declaration, in substance, that he purchased of Caldwell, in his life time, a number of sheep, and that Caldwell, by falsely and fraudulently warranting the sheep to be sound, and free from the disease called the foot rot, sold the same to the plaintiff; and the plaintiff averred, that the sheep were not sound, and free from…
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Appeal from the decision of the probate court, accepting the report of commissioners disallowing the plaintiff’s claim. The plaintiff alleged in his declaration, in substance, that he purchased of Caldwell, in his life time, a number of sheep, and that Caldwell, by falsely and fraudulently warranting the sheep to be sound, and free from the disease called the foot rot, sold the same to the plaintiff; and the plaintiff averred, that the sheep were not sound, and free from said disease, and that Caldwell deceived the plaintiff in the sale, and that the plaintiff had suffered special damage…
1Opinion of the Court
*180The opinion of the court was delivered by
Bennett, J.
We think there was nothing improper, in the court’s permitting the form of the verdict to be amended. This action is brought upon a contract of warranty, and no recovery could have been had, without proof of the contract. There is no allegation of a scienter in the declaration, and consequently there can be no recovery, upon such a declaration, for a deceit, notwithstanding the declaration is, in form, in case for a false warranty. It appears that the jury returned á verdict of “guilty,” and that the court, on motion, after the panel was…
2Cases cited6 opinions
- Swett v. ColgateNew York Supreme Court · 1822
- Chapman v. MurchNew York Supreme Court · 1822
- Beeman v. BuckSupreme Court of Vermont · 1830
- Cramer v. BradshawNew York Supreme Court · 1813
- Adams v. JacksonSupreme Court of Vermont · 1827
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Caldbeck v. SimantonSupreme Court of Vermont · 1909
- Hobart v. YoungSupreme Court of Vermont · 1891
- Larson v. CalderNorth Dakota Supreme Court · 1907
- Matlock v. MeyersSupreme Court of Missouri · 1877
- Woodruff v. WebbSupreme Court of Arkansas · 1877
5 more not listed; retrieve them via the Exa API.