Burt v. Dewey
New York Supreme Court
THE plaintiff brought this action in 1857, to recover the price he paid the defendant for a horse, in 1852. The plaintiff purchased the horse of the defendant in December, 1852, and paid him $80 therefor. The plaintiff sold the horse, soon after he purchased him, to one Furman.
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THE plaintiff brought this action in 1857, to recover the price he paid the defendant for a horse, in 1852. The plaintiff purchased the horse of the defendant in December, 1852, and paid him $80 therefor. The plaintiff sold the horse, soon after he purchased him, to one Furman. The horse during this time belonged to Joseph Dysart, from whom he had been stolen by some person, within a few months prior to December, 1852. Dysart sued the plaintiff before a justice of the peace in Chemung county, in 1856, for converting the horse, and recovered a judgment against the plaintiff, on the 30th day of…
1Opinion of the Court
By the Court, Balcom, J.
I think the evidence authorizes the conclusion that the defendant had possession of the horse at the time he sold it to the plaintiff; and if he then had possession of it the law implies that he warranted he had a good and valid title to it. (1 Cowen’s Tr. 2d ed. 318. 1 John. 274. 6 id. 5. 8 Cowen, 272.)
The plaintiff proved that the defendant had' no title to the horse at the time he sold it to him. He then showed that the true owner had recovered a judgment against him for $100 and costs, for converting the horse by a sale of it to one Fur-man. But he was nonsuited…
2Cases cited5 opinions
- Armstrong v. PercyNew York Supreme Court · 1830
- Defreeze v. TrumperNew York Supreme Court · 1806
- Vibbard & Abbott v. JohnsonNew York Supreme Court · 1821
- Payne v. RoddenCourt of Appeals of Kentucky · 1816
- Livingston v. BainNew York Supreme Court · 1833
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