Stratton v. Hill
Massachusetts Supreme Judicial Court
Contract. The declaration alleged that, on September 6, 1878, the plaintiff bought a horse of one Lynch, upon which the defendant then held a mortgage for the sum of $125; that the defendant, in consideration of the payment to him by the plaintiff of the sum of $50, promised to save the plaintiff harmless from all loss by reason of any liens and encumbrances upon the horse, and warranted that the horse was free from all encumbrances; and that, at the time of said promise and…
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Contract. The declaration alleged that, on September 6, 1878, the plaintiff bought a horse of one Lynch, upon which the defendant then held a mortgage for the sum of $125; that the defendant, in consideration of the payment to him by the plaintiff of the sum of $50, promised to save the plaintiff harmless from all loss by reason of any liens and encumbrances upon the horse, and warranted that the horse was free from all encumbrances; and that, at the time of said promise and warranty, there was a mortgage on the horse held by one Bailey, who has since taken the horse from the possession of…
1Opinion of the CourtField, J.
The instruction that, “if the testimony of Cook as given in the affidavit is a full and true statement of the contract and arrangement whereby the plaintiff obtained the horse, he cannot recover in this action, because the contract therein stated is materially different from that set out in the declaration,” was correct. The affidavit, if it was a full and true statement of the contract, tended to show that the plaintiff bought the horse of the defendant, and the declaration alleges that he bought it of Lynch.
The exceptions state, “that full general instructions were given upon the statute of…
2Cases cited9 opinions
- Batman v. MegowanCourt of Appeals of Kentucky · 1859
- Carr v. DooleyMassachusetts Supreme Judicial Court · 1876
- Ames v. FosterMassachusetts Supreme Judicial Court · 1871
- Dean v. TallmanMassachusetts Supreme Judicial Court · 1870
- Perkins v. WhelanMassachusetts Supreme Judicial Court · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- County of Humboldt v. KayCalifornia Court of Appeal · 1943
- Paul v. WilburMassachusetts Supreme Judicial Court · 1905
- Manning v. AnthonyMassachusetts Supreme Judicial Court · 1911
- Hartley v. RotmanMassachusetts Supreme Judicial Court · 1909