Legal Opinion

Sydleman v. Beckwith

Supreme Court of Connecticut

Decided October 15, 1875PublishedCited by 40 opinions

Trespass on the case for fraud in the sale of a horse; brought to the Superior Court in New London County, and tried to the jury on the general issue before Foster, J. On the trial the plaintiff offered evidence to prove, and claimed that he had proved, that the horse sold by the defendant was not safe, kind, and gentle.

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Trespass on the case for fraud in the sale of a horse; brought to the Superior Court in New London County, and tried to the jury on the general issue before Foster, J. On the trial the plaintiff offered evidence to prove, and claimed that he had proved, that the horse sold by the defendant was not safe, kind, and gentle. In the course of this evidence the counsel for the plaintiff asked the plaintiff and certain other witnesses the following question, after the witnesses had testified particularly to their knowledge of facts, and of the conduct of the horse on various occasions: “From your…

1Opinion of the CourtLoomis, J.

On the trial of this case the plaintiff, to prove that the horse sold him by the defendant was not safe, kind and gentle, as it was warranted to be, offered certain witnesses, who, after they had testified pai’ticularly to their knowledge of facts and of the conduct of the horse on various occasions, were asked this question:—“ From your knowledge of the horse was he in your opinion a safe, kind horse ?” The counsel for the defendant objected to this question, but the court admitted the evidence in connection with the facts. Was this ruling correct?

The general rule is that witnesses must…

2Cases cited9 opinions

  1. Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
  2. Inhabitants of Goshen v. Inhabitants of StoningtonSupreme Court of Connecticut · 1822
  3. Commonwealth v. DorseyMassachusetts Supreme Judicial Court · 1869
  4. Barker v. CominsMassachusetts Supreme Judicial Court · 1872
  5. Dunham's Appeal from ProbateSupreme Court of Connecticut · 1858

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3Cited by40 opinions

  1. Robinson v. FaulknerSupreme Court of Connecticut · 1972
  2. State v. PalozieSupreme Court of Connecticut · 1973
  3. State v. LammeConnecticut Appellate Court · 1989
  4. Turner's Appeal From ProbateSupreme Court of Connecticut · 1899
  5. Richmond v. City of NorwichSupreme Court of Connecticut · 1921

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