Gray v. Goodrich
New York Supreme Court
IN error, on certiorari, from a justice's court. Gra~j was sued by Goodrich, in the court below, for a ~deceit or fraud in the exchange of horses. The defendant pleaded the general issue; and claimed damages on his side. There was a trial by jury. There was some slight evidence tending to show a scienter. Gray, on beipg asked if the horse xvas sound, answered, be xvas, for aught he knexv: and he boasted, afterwards, that he had made a great bargain.
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IN error, on certiorari, from a justice's court. Gra~j was sued by Goodrich, in the court below, for a ~deceit or fraud in the exchange of horses. The defendant pleaded the general issue; and claimed damages on his side. There was a trial by jury. There was some slight evidence tending to show a scienter. Gray, on beipg asked if the horse xvas sound, answered, be xvas, for aught he knexv: and he boasted, afterwards, that he had made a great bargain. The justice also admitted, in evidence, the declarations of a person deceased, who xvas a xvitness to the bargain. This was objected to, J The…
1Per curiam
The testimony to establish the scienter (even admitting the declaration of the deceased person) was rather loose. The hearsay evidence was, however, the strongest; and coming from a person called as a witness to the bargain, had, probably, the greatest influence with the jury. This evidence Was clearly inadmissible. The law requires the sanction of an oath to all parol testimony. It never gives credit to the bare assertion of any one, however high his rank, or pure his morals. The cases of pedigree, prescription, or custom, are exceptions to the general rule. The person from whom the…
2Cited by4 opinions
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