Harrington v. Snyder
New York Supreme Court
Error to the 'Saratoga common pleas. Snyder sued Harrington before a justice, and declared in assumpsit, for the hire of a horse, cutter and harness, &c. Also, in case, for so negligently taking care of the horse that he became of no value. The plea was the general issue, with notice of special matter. The cause was tried by a jury, who found a verdict for the defendant, before the justice. Snyder removed the cause to the Saratoga common pleas, by certiorari.
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Error to the 'Saratoga common pleas. Snyder sued Harrington before a justice, and declared in assumpsit, for the hire of a horse, cutter and harness, &c. Also, in case, for so negligently taking care of the horse that he became of no value. The plea was the general issue, with notice of special matter. The cause was tried by a jury, who found a verdict for the defendant, before the justice. Snyder removed the cause to the Saratoga common pleas, by certiorari. That court reversed the judgment of the justice. Harrington brought this writ of error to reverse the judgment of the common pleas, and…
1Opinion of the Court
By the Court,
Willard, J.
At the,, time of the letting of the horse by Snyder to Harrington, it was known to both parties that the horse was lame. A price was fixed for the use of the horse; and Harrington said the lameness made no difference to him if the horse performed his journey. The journey which was to be performed, and the length of time which the hirer expected to be absent, were expressly agreed upon by the parties. The rights and liabilities of the parties are to be determined by the rules applicable to the fifth species of bailment, as it is described in the elementary books. (2…
2Cases cited4 opinions
- Schmidt v. BloodNew York Supreme Court · 1832
- M'Allister v. ReabNew York Supreme Court · 1830
- Wheelock v. WheelwrightMassachusetts Supreme Judicial Court · 1809
- Millon v. SalisburyNew York Supreme Court · 1816
3Cited by9 opinions
- Copeland v. DraperMassachusetts Supreme Judicial Court · 1893
- Rapid Safety Fire Extinguisher Co. v. Hay-Budden Manufacturing Co.New York Supreme Court · 1902
- Builders' Brick & Supply Co. v. Walsh Transportation Co.Appellate Terms of the Supreme Court of New York · 1919
- Hard v. NearingNew York Supreme Court · 1865
- Wilson v. GriswoldU.S. Circuit Court for the District of Southern New York · 1871
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