Stryker v. Bergen
New York Supreme Court
Error from the municipal court of Brooklyn. Bergen sued Stryker, for breach of warranty, in the sale of a horse, the defendant pleaded the general issue, the cause was tried by a jury, and the plaintiff obtained a verdict for $55. On the trial, evidence was given on both sides, upon the questions whether there was a warranty, and whether the horse was in fact unsound.
Read the full summary
Error from the municipal court of Brooklyn. Bergen sued Stryker, for breach of warranty, in the sale of a horse, the defendant pleaded the general issue, the cause was tried by a jury, and the plaintiff obtained a verdict for $55. On the trial, evidence was given on both sides, upon the questions whether there was a warranty, and whether the horse was in fact unsound. No questions of law were raised or decided on the trial, and there is no allegation of any irregularity in the proceedings. The point relied on for the reversal of the judgment is substantially that the verdict was against the…
1Opinion of the Court
By the Court,
Bjronson, J.
The judgment of the municipal court of Brooklyn, in cases where the recovery or sum originally demanded exceeds fifty dollars,are reviewed by certiorari, “ in like manner as is now [1827] allowed in the marine ■ court, in the city of New-York.” Laws of 1827, p. 148, §61. The marine court was originally called the justices’ court; and its name was changed in 1819. 2 R. L. 381, §105. Laws of 1819, p. 74, §1. 2 R. S. 224, §1. The mode of reviewing the judgments of the marine court by certiorari is' substantially the same as was heretofore prescribed for reviewing the…
2Cases cited2 opinions
- Whitney v. SuttonNew York Supreme Court · 1833
- Ehel v. SmithNew York Supreme Court · 1805
3Cited by18 opinions
- Hayden v. . DemetsNew York Court of Appeals · 1873
- Smith v. HillNew York Supreme Court · 1856
- Adsit v. Wilson & ChamberlainNew York Supreme Court · 1852
- Owens v. StateWisconsin Supreme Court · 1871
- Oakley v. HornNew York Supreme Court · 1839
13 more not listed; retrieve them via the Exa API.