Cook v. Moseley
New York Supreme Court
Error from the Oneida common pleas. Moseley sued Cook in a justice’s court, for a breach of warranty in the sale of a horse. The evidence was, that at the time of the sale, something was said about the horse being lame, when Moseley asked Cook if the mare was lame, who answered that she was not lame, and that he would not be afraid to warrant that she was sound every way, as far as he knew.
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Error from the Oneida common pleas. Moseley sued Cook in a justice’s court, for a breach of warranty in the sale of a horse. The evidence was, that at the time of the sale, something was said about the horse being lame, when Moseley asked Cook if the mare was lame, who answered that she was not lame, and that he would not be afraid to warrant that she was sound every way, as far as he knew. The mare subsequently proved lame, but as to whether she was so at the time of the sale, the evidence was contradictoiy. In part payment of the mare, Moseley gave his note, on which he was sued by Cook,…
1Opinion of the Court
By the Court,
Sutherland, J.
Whether what was said by the defendant was intended as a warranty or not, was a question of fact to be decided by the jury, or, in this case, by the justice before whom the cause was tried. The defendant affirmed positively that the mare was not lame. It was not the mere expression of an opinion ; and he accompanied it by the declaration that he should not be afraid to warrant her. I think enough was said to amount to a warranty. It is not necessary that the term warrant should be used. 19 Johns. R. 280, 484. 2 Cowen, 484. 10 Wendell, 413. The *279evidence was…
2Cases cited2 opinions
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
- Whitney v. SuttonNew York Supreme Court · 1833
3Cited by16 opinions
- Crislip v. CainWest Virginia Supreme Court · 1882
- Shippen v. BowenSupreme Court of the United States · 1887
- Stoddard v. TreadwellCalifornia Supreme Court · 1864
- Honsinger v. . Union Carriage Gear Co.New York Court of Appeals · 1903
- Brown v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1904
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