Huntington v. Wellington

Manning J.:

Plaintiffs had a judgment against one Hall, which they ■sold to defendant, and received in payment two promissory notes against one Mott, and a mortgage given by one Ryan. The declaration, which is in assumpsit, states that defendant represented and warranted that the promissory notes were good and collectable,' and that Mott was pecuniarily responsible and able to pay them; also that Ryan Was pecuniarly responsible and- able to pay the mortgage, and that the mortgaged premises were worth more than *12enough to pay the mortgage, and that they were unincumbered, &c. On the trial, parol…