Roberts v. Morgan
New York Supreme Court
On certiorari to a Justice’s Court. Assumpsit by Morgan against Roberts, in the Court below, on a warranty of a horse upon an exchange of horses; and one question was, whether a warranty was proved. The plaintiff told the defendant that he would not exchange, unless the defendant would warrant the horse to be sound, to which the defendant answered, “ he is a sound horse except the bunch on his leg.” The plaintiff gave proof tending to show that the horse had the glanders.
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On certiorari to a Justice’s Court. Assumpsit by Morgan against Roberts, in the Court below, on a warranty of a horse upon an exchange of horses; and one question was, whether a warranty was proved. The plaintiff told the defendant that he would not exchange, unless the defendant would warrant the horse to be sound, to which the defendant answered, “ he is a sound horse except the bunch on his leg.” The plaintiff gave proof tending to show that the horse had the glanders. Verdict and judgment for the plaintiff.
1Opinion of the Court
Savage, Ch. J.
in delivering the opinion of the Court, said there was no necessity to show- that the word warrant was made use of. Any affirmation amounting to it is sufficient.
Judgment affirmed.
2Cited by4 opinions
- Seixas v. WoodsNew York Supreme Court · 1804
- Payne v. CrawfordSupreme Court of Alabama · 1892
- Blakeman v. MackayNew York Court of Common Pleas · 1856
- People ex rel. Ward v. AstenNew York Court of Common Pleas · 1875