Brown v. Wilde
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. THE plaintiff in error brought an action of trespass on the case", -in the court below, against the defendant in error, for fraud, in the sale of a horse. The defendant-pleaded not guilty, and the cause was tried by a jury : there was considerable evidence'on bóth sides, as to the fraud, and the jury found a verdict for- the • -ii defendant.
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IN ERROR, on certiorari to a justice’s court. THE plaintiff in error brought an action of trespass on the case", -in the court below, against the defendant in error, for fraud, in the sale of a horse. The defendant-pleaded not guilty, and the cause was tried by a jury : there was considerable evidence'on bóth sides, as to the fraud, and the jury found a verdict for- the • -ii defendant. In the course ol the -evidence, it appeared that 1 1-there had been a former trial between the same parties, in reíatian to a pair of horses, of which the horse in question was one. The justice, in answer to…
1Per curiam
The judgment must be affirmed. Whether there had been any fraud in the sale of the horse, was a proper question for the jury, and there having been evidence before the jury that rendered the question, at least, doubtful, we do not, in such cases, interfere, even where the verdict is against the weight of evidence. The evidence of the former trial was not admissible under the general issue, if there had been no agreement between the parties on the subject^ but the justice was warranted from the agreement, which he states, to draw the inference that the objection was waived., At all events, the…
2Cited by7 opinions
- Mt. Adams & E. P. Inclined Ry. Co. v. LoweryCourt of Appeals for the Sixth Circuit · 1896
- McDonald v. EdgertonNew York Supreme Court · 1849
- People ex rel. Wilbur v. EddyNew York Supreme Court · 1870
- Allen v. BluntU.S. Circuit Court for the District of Massachusetts · 1846
- Blanchard's Gun-Stock Turning Factory v. JacobsU.S. Circuit Court for the District of Southern New York · 1847
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