McDonald v. Christie
New York Supreme Court
A PPEAL from a judgment of the county court, affirming a JT3L judgment entered before a justice of the peace in Albany county. The action was brought before a magistrate, for fraud in the sale, of a horse.
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A PPEAL from a judgment of the county court, affirming a JT3L judgment entered before a justice of the peace in Albany county. The action was brought before a magistrate, for fraud in the sale, of a horse. The plaintiff, in his complaint, alleged that the horse was diseased, which was known to the defendant and unknown and unperceivable by the plaintiff, and that the defendant fraudulently and deceptively concealed said facts from the plaintiff, on the sale, for which he claimed to recover damages. The sale was made on the 15th of March, 1861, for $65, of which $25 was paid at the time, and…
1Opinion of the Court
By the Court,
Miller, J.
The defendant interposes several objections to the plaintiff’s right to recover in this action before the justice, which I will proceed to consider.
*38It is insisted that there was no fraud on the part of the defendant in accepting the plaintiff's offer for the horse, without volunteering, unasked, for the purpose of dissuading him from the purchase. It is no doubt a sound proposition that a mere omission by a. vendor of chattels to volunteer information without inquiry, of a difficulty known to him and unknown to the purchaser, does not constitute fraud and entitle the…
2Cases cited10 opinions
- Bellinger v. CraigueNew York Supreme Court · 1860
- M'Allister v. ReabNew York Supreme Court · 1830
- Ives & M'Carty v. Van Epps & ShattuckNew York Supreme Court · 1839
- Barney v. DeweyNew York Supreme Court · 1816
- Cook v. MoseleyNew York Supreme Court · 1835
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Barrett v. Lewiston, Brunswick & Bath Street Railway Co.Supreme Judicial Court of Maine · 1912
- Lane v. Inhabitants of the Town of HarmonySupreme Judicial Court of Maine · 1914
- Cooper v. BeanNew York Supreme Court · 1871
- Lee v. Board of SupervisorsNew York Supreme Court · 1881
- Fowler v. Bowery Savings BankNew York Court of Appeals · 1889
2 more not listed; retrieve them via the Exa API.