Fisk v. Hicks
Superior Court of New Hampshire
In case, the declaration was as follows: In a plea of the case for the said defendant, on, &c., at, &c., being possessed of a certain grey horse, which was unsound and diseased, and infected with a certain disease called the glanders, which rendered the same horse good for nothing; and the plaintiff, being then and there also possessed of another certain bay mare, of his own proper mare, of the value of fifty dollars, he, the said defendant, to induce the plaintiff to…
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In case, the declaration was as follows: In a plea of the case for the said defendant, on, &c., at, &c., being possessed of a certain grey horse, which was unsound and diseased, and infected with a certain disease called the glanders, which rendered the same horse good for nothing; and the plaintiff, being then and there also possessed of another certain bay mare, of his own proper mare, of the value of fifty dollars, he, the said defendant, to induce the plaintiff to exchange horses with him, did then and there falsely and fraudulently affirm to the plaintiff that his said horse was then…
1Opinion of the CourtBell, J.
The rule of damages, in actions founded on a breach of warranty upon the sale of personal property, and in actions for deceit in the sale of personal property, where the property remains in the hands of the purchaser, as settled by this court, is understood to be the difference between the value of the property as it would be if the warranty or representation were true, and its value as it really was at the time. 2 Greenl. Ev. § 262; Caswell v. Coare, 1 Taun. 566; Fielder v. Starkin, 1 H. B. 17; Curtis v. Hannay, 3 Esp. 83; Buchanan v. Parnshaw, 2 D. & E. 745; Egleston v. Macauley, 1 McCord…
2Cases cited6 opinions
- Armstrong v. PercyNew York Supreme Court · 1830
- Jerome v. WhitneyNew York Supreme Court · 1811
- Kornegay v. WhiteSupreme Court of Alabama · 1846
- Willis v. DudleySupreme Court of Alabama · 1847
- Parker v. BrownSuperior Court of New Hampshire · 1844
1 more not listed; retrieve them via the Exa API.