Quintard v. Newton
The Superior Court of New York City
This was an action to recoyer the difference between the price paid for a mare and her real value at the time of her sale by the defendant to the plaintiff, as well as the expense of her keep, in consequense of- her unsoundness.
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This was an action to recoyer the difference between the price paid for a mare and her real value at the time of her sale by the defendant to the plaintiff, as well as the expense of her keep, in consequense of- her unsoundness. The complaint, after setting out such sale for a certain sum, averred that at the time of it she was badly wind broken, and otherwise unsound and diseased; which averment was ^followed by substantially the following allegations: “ That the defendant knew of such defect, and while owner of such animal caused her to be treated with medicines and otherwise, for the…
1Opinion of the Court
Robertson, Ch. J.
The present case may be incapable of being sustained, on the ground of fraud, for several reasons. The particular kind of fraud charged in the complaint was concealment of a disease known to the defendant, by omitting to inform the plaintiff thereof. There was no *78other proof of it, and that would hardly sustain it in such a case. In the next place there was no allegation in the complaint, or any proof, that any attempt was made by the plaintiff to rescind the contract by tendering back the animal, as he was bound to do, in order to recover at all. [Burton v. Stewart, 3 Wend.…
2Cases cited14 opinions
- Byxbie v. . WoodNew York Court of Appeals · 1862
- Wheeler v. SmithSupreme Court of the United States · 1850
- Moses v. MeadCourt for the Trial of Impeachments and Correction of Errors · 1845
- Burton v. StewartNew York Supreme Court · 1829
- Swett v. ColgateNew York Supreme Court · 1822
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