Rogers v. Ackerman
New York Supreme Court
APPEAL from a judgment of a county court, reversing the judgment of a justice’s court. The complaint was on a note of hand for $65, dated Eov. 19, 1852, on which $20 had been paid. The answer set up, by way of recoupment, that the note was given by the defendant to the plaintiff for a pair of horses, which the plaintiff had sold to the defendant and had warranted to be sound, and of the ages of 10 and 11 years and no older, when in fact they were 20 years old at the time.
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APPEAL from a judgment of a county court, reversing the judgment of a justice’s court. The complaint was on a note of hand for $65, dated Eov. 19, 1852, on which $20 had been paid. The answer set up, by way of recoupment, that the note was given by the defendant to the plaintiff for a pair of horses, which the plaintiff had sold to the defendant and had warranted to be sound, and of the ages of 10 and 11 years and no older, when in fact they were 20 years old at the time. On the trial the defendant proved that the plaintiff, after the sale of the horses, and in the winter of 1854, said that…
1Opinion of the Court
By the Court, Paige, J.
The question whether the words used by the plaintiff, at the sale of the horses, as to their ages, amounted to a warranty, was a question of fact for the jury. (10 Wend. 411.) Ho particular phraseology is necessary to constitute a warranty, but the words used by the vendor should be understood by the parties as an absolute assertion, and not the expression of an opinion. And it is for the jury to determine how the words were understood and intended by the parties. (8 Cowen, 26,7. 4 id. 442. 20 John. 203.) I think the evidence in this case was sufficient to be submitted…
2Cases cited8 opinions
- Swett v. ColgateNew York Supreme Court · 1822
- Clarke v. Rochester, Lockport & Niagara Falls RailroadNew York Supreme Court · 1854
- Joy v. HopkinsNew York Supreme Court · 1847
- Whitney v. SuttonNew York Supreme Court · 1833
- Stryker v. BergenNew York Supreme Court · 1836
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ludlum v. CouchAppellate Division of the Supreme Court of the State of New York · 1896
- City of Brooklyn v. Brooklyn City & Newtown RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Murray v. SmithNew York Court of Common Pleas · 1872
- Richardson v. MasonNew York Supreme Court · 1868
- Berry v. ReedSupreme Judicial Court of Maine · 1866
7 more not listed; retrieve them via the Exa API.