Batsford v. Every
New York Supreme Court
THIS was an action brought to recoyef damages for an alleged breach of warranty in the sale of a span of horses, and was tried before Justice Peckham and a jury, at the Sullivan circuit, in October, 1864. The jury found a verdict for the plaintiff.
Read the full summary
THIS was an action brought to recoyef damages for an alleged breach of warranty in the sale of a span of horses, and was tried before Justice Peckham and a jury, at the Sullivan circuit, in October, 1864. The jury found a verdict for the plaintiff. The plaintiff, to maintain the action on his part, was sworn in his own behalf, and also his brother Theodore D. Bats-ford, who was present with him when the purchase was made, and they in substance testified, that they reside in Sullivan county, and the defendant in Bloomville, town of Kortright, Delaware county; -that the last of June or the 1st…
1Opinion of the Court
By the Court, Hogbbooh, J.
The sole question "presented by the bill of exceptions is, whether the contract is void as being made on Sunday. (a) It is not void at the common law. *621(Boynton v. Page, 13 Wend. 425. Story v. Elliott, 8 Cowen, 27. Sayles v. Smith, 12 Wend. 57.)
The only section of statute law which is claimed to avoid it is that which declares that “Ho person shall expose to sale any wares, merchandise, fruit, herbs, goods or chattels, on Sunday.’ (1 Edmonds’ R. S. 629, § 71.) I think this section has been declared inapplicable to a case like the pres*622ent, by authority which we are…
2Cases cited16 opinions
- Lindenmuller v. PeopleNew York Supreme Court · 1861
- Avery v. StewartSupreme Court of Connecticut · 1816
- Salter v. BurtNew York Supreme Court · 1838
- Sayles v. SmithNew York Supreme Court · 1834
- Parsons v. HardyNew York Supreme Court · 1835
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Rodman v. Robinson.Supreme Court of North Carolina · 1904
- State v. FassSupreme Court of New Jersey · 1961
- McCormick v. HazardAppellate Terms of the Supreme Court of New York · 1912
- O'Rourke v. O'RourkeMichigan Supreme Court · 1880
- People v. OserNew York City Magistrates' Court · 1958
1 more not listed; retrieve them via the Exa API.