King v. Fuller
New York Supreme Court
ON certiorari. The now defendant declared in the court below, that he “let the said Caleb have a certain bay horse, " and a note of hand of sixteen dollars, in consideration of “ which the said Caleb let let the said Mathew have a certain sorre^ horse, which the said Caleb warranted to be a sound “ and good working horse, whereas he was totally unfit for manner of business, to the damage,” &c.
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ON certiorari. The now defendant declared in the court below, that he “let the said Caleb have a certain bay horse, " and a note of hand of sixteen dollars, in consideration of “ which the said Caleb let let the said Mathew have a certain sorre^ horse, which the said Caleb warranted to be a sound “ and good working horse, whereas he was totally unfit for manner of business, to the damage,” &c. To this the plaintiff here, pleaded in bar, a set-off for these very damages, made by the defendant in a suit against him before another justice. Replication, denying the former trial, and alleging the…
1Per curiam
It has been objected, that the word let, imports a bailment, and if so, that the unsoundness of the horse was immaterial, and not prejudicial to the plaintiff below. In reviewing the proceedings of magistrates, this court has decided that they will not require of the parties, who are to be presumed unversed in the forms of law, technical nicety, or legal precision. If the matter stated shew a good ground of action, it is all that is requisite. To test proceedings in justices’ courts by the rules of pleading adopted here, would be productive of the greatest injustice. The act giving…
2Cited by4 opinions
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