Van Allen v. Allen
New York Court of Common Pleas
Appeal by defendants from a judgment of the Sixth District Court. This was an action on a due bill made by tiie defendants in the following words: “New York, April 9tk, 1857. “ Balance due Mr. John J. Yan Allen sixty dollars on one horse. “ $60. (Signed) Allen Bp.othees.” . The nature of tbe defence and tbe facts in tbe case are fully stated in tbe opinion of tbe court.
1Opinion of the CourtHiltoN, J.
— On April 9tb, 1857, plaintiff sold and delivered a borse to tbe defendants for $130, and represented the animal to be sound and kind. Upon tbe delivery, $70 was paid in cash, and $60 in tbe due bill on wbicli this action is brought. The defendants were to try tbe horse, upon the agreement that, if they did not like him, tbe plaintiff would take him back and return tbe money and due bill. The horse was used Of ibe defendants in their ice business. After the first clay’s use, and with a full knowledge by them of the existence of a crack in bis hoof, they informed the plaintiff that the horse…
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