Riddell v. Jenkins
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles L. Jenkins, from a judgment of the County'Court of Warren county in favor of the plaintiff, entered in the office of the clerk of the county of Warren on the 20th day of June, 1904, upon an order bearing date the 16th day of November, 1903, affirming a judgment of the Justice’s Court theretofore entered in the action, and also from the said order upon which the judgment appealed from was entered.
1Opinion of the Court
Chase, J. :
The defendant sold the plaintiff a hórse and this action is brought to recover damages against the defendant, the plaintiff claiming that at the time he purchased the horse the defendant warranted *464him. to be sound except in one particular not of present importance,, but that the horse had the “heaves,” which made him of much less value than he would have been without it. The evidence produced on the trial made a question of fact for determination by the jury. We think, however, that there was an error in the admission of evidence which requires a reversal of the judgment.
One week…
2Cases cited5 opinions
- Learned v. . TillotsonNew York Court of Appeals · 1884
- Ives v. . EllisNew York Court of Appeals · 1901
- Thomas v. . GageNew York Court of Appeals · 1894
- Havens v. GilmourAppellate Division of the Supreme Court of the State of New York · 1903
- Healy v. MalcolmAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Huston v. JohnsonNorth Dakota Supreme Court · 1915