Adams v. Gay
Supreme Court of Vermont
•Trover for a certain bay mare. Plea, the general issue, and trial by jury, May Term, 1844, — Hebard, J., presiding. ,On trial the plaintiff introduced evidence tending to prove, that he exchanged horses with the defendant in July, 1842, the plaintiff delivering to the defendant the bay mare sued for, and the defendant delivering to the plaintiff a grey mare, which exchange was made on Sunday, a little after noon, at Surry in the State of New Hampshire ; that the defendant,…
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•Trover for a certain bay mare. Plea, the general issue, and trial by jury, May Term, 1844, — Hebard, J., presiding. ,On trial the plaintiff introduced evidence tending to prove, that he exchanged horses with the defendant in July, 1842, the plaintiff delivering to the defendant the bay mare sued for, and the defendant delivering to the plaintiff a grey mare, which exchange was made on Sunday, a little after noon, at Surry in the State of New Hampshire ; that the defendant, to induce the plaintiff to make the exchange, represented the grey mare to be “ sound and right every way,” and the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The facts necessary to be recapitulated -here, are, that the plaintiff and defendant exchanged horses, in the State of New-Hamyshire, upon Sunday. In that exchange the defendant was guilty of fraud and misrepresentation, as the jury have found in the case. This became known to the plaintiff upon the same day, and he requested the defendant to re-exchange, which he declined doing. Some days subsequently, and not upon Sunday, the plaintiff made the same request of the defendant, tendering back to him, ■ at the time, the horse which he had…
2Cases cited4 opinions
- Lyon v. StrongSupreme Court of Vermont · 1834
- Blake v. TuckerSupreme Court of Vermont · 1840
- Lovejoy v. WhippleSupreme Court of Vermont · 1846
- Barron v. PettesSupreme Court of Vermont · 1846
3Cited by44 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- Myers v. MeinrathMassachusetts Supreme Judicial Court · 1869
- Melchoir v. McCartyWisconsin Supreme Court · 1872
- Gibbs & Sterrett Manufacturing Co. v. BruckerSupreme Court of the United States · 1884
- Swann v. SwannUnited States Circuit Court · 1884
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