Jackson v. Helmer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lovillow Jackson, from a judgment of the County Court of Jefferson county in favor of the defendant, entered in the office of the clerk of the county of Jefferson on the 24th day of September, 1900, upon the decision of the court reversing, upon appeal, a judgment in favor of the plaintiff rendered by a justice of the peace.
1Opinion of the Court
Adams, P. J.:
On the 26th day of January, 1899, the parties hereto entered into a written contract by the terms of which the plaintiff rented to the defendant certain premises, and as a consideration therefor received from the defendant a “sorrel, white-faced, sucking colt.” Upon taking the colt to his home the plaintiff discovered that it had a serious throat affection in consequence of which it was unable to swallow either water or food, but after taking either into its mouth ejected the same through its nose. The evidence tends to show that this affection was the result of an injury (which…
2Cases cited4 opinions
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Van Ostrand v. ReedNew York Supreme Court · 1828
- Engelhorn v. . ReitlingerNew York Court of Appeals · 1890
- Hutzler v. RichterAppellate Division of the Supreme Court of the State of New York · 1897