Jeffrey v. Bigelow
New York Supreme Court
This was an action on the case for fraud in the sale of sheep, tried at the Madison circuit in March, 1833, before the Hon. Nathan Williams, then one of the circuit judges. In September, 1831, one Stevens, an agent of the defendants, sold to the plaintiff a flock of sheep, consisting of 500 ewes and 7 bucks, which were mixed by the plaintiff with a flock which he before owned of 548 sheep.
Read the full summary
This was an action on the case for fraud in the sale of sheep, tried at the Madison circuit in March, 1833, before the Hon. Nathan Williams, then one of the circuit judges. In September, 1831, one Stevens, an agent of the defendants, sold to the plaintiff a flock of sheep, consisting of 500 ewes and 7 bucks, which were mixed by the plaintiff with a flock which he before owned of 548 sheep. Soon after the cold wbetliei; commenced, the disease called the scab made its appearance among the sheep bought of Stevens, and in the winter of 1832, six of the bucks and 356 of the sheep, two-thirds of…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The defendant ask for a new trial on several grounds. 1. That the sheep sold were not diseased. That point was submitted to and passed upon by the jury, and their verdict is clearly according to the weight of testimony. 2. That Hunt’s knowledge that the sheep were diseased was not notice to the defendants. Even if Hunt were the mere agent of the defendants, notice to him when he purchased the sheep being the res gesta, was notice to his principals. “ It .must be taken for granted, that the principal knows whatever the agent knows.” 1 T. R. 16, per *520Asharst J. But…
2Cited by59 opinions
- Jones v. GeorgeTexas Supreme Court · 1884
- Dushane v. BenedictSupreme Court of the United States · 1887
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Cruzan v. SmithIndiana Supreme Court · 1872
- Sandford v. HandyNew York Supreme Court · 1840
54 more not listed; retrieve them via the Exa API.