Kilsby v. De Forest
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendant, Edmund De Forest, from a judgment of the County Court of Otsego county, entered in the office of the clerk of the county of Otsego on the 13th day of November, 1901, affirming a judgment rendered by a justice of the peace. This action was commenced injustice’s Court to recover damages for a breach of warranty in the sale of three cows to the plaintiff by the defendant.
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■ Appeal by the defendant, Edmund De Forest, from a judgment of the County Court of Otsego county, entered in the office of the clerk of the county of Otsego on the 13th day of November, 1901, affirming a judgment rendered by a justice of the peace. This action was commenced injustice’s Court to recover damages for a breach of warranty in the sale of three cows to the plaintiff by the defendant. The case was tried before a jury, resulting in a judgment for the plain tiff," from which judgment the defendant appealed to the County Court. The County Court affirmed such judgment, with costs, and…
1Opinion of the Court
Parker, P. J.:
The verdict in this case having been for the plaintiff, we must assume that the statement made by the defendant as to the cows coming in was as testified to by the plaintiff; and such statement is not to be modified by anything which the defendant testified he then said, because, although the plaintiff was not recalled to deny it, the defendant’s narrative of the transaction is wholly inconsistent with that of the plaintiff. - The defendant claims that there was an exchange of heifers for a cow and money, and that there were several interviews. The plaintiff claims but one…
2Cases cited1 opinion
- Richardson v. MasonNew York Supreme Court · 1868