Otto v. Braman
Michigan Supreme Court
Error to Montcalm; Davis, J. Assumpsit by William B. Otto and Albert B. Holbert, copartners as W. B. Otto & Company, against John W. Braman upon a promissory note. There was judgment for defendant, and plaintiffs bring error.
1Opinion of the CourtHookee, J.
The plaintiffs are importers of and dealers in horses. This action is brought upon a promissory note, given to them by the defendant, a purchaser of a stallion for breeding purposes. With his plea of the general issue the defendant gave notice that the purchase was made and the note given upon plaintiffs’ assurance that the horse was serviceably sound as a serving stallion, whereas-he was not sound, but was at that time afflicted with a disease known as chronic orchitis, by which he was rendered barren and of no value, and which disease caused the death of the horse before the note matured;…
2Cases cited7 opinions
- McCray Refrigerator & Cold Storage Co. v. Woods & ZentMichigan Supreme Court · 1894
- Johnson v. BrattonMichigan Supreme Court · 1897
- Hallett v. GordonMichigan Supreme Court · 1900
- John Hutchison Manufacturing Co. v. PinchMichigan Supreme Court · 1895
- Dowagiac Manufacturing Co. v. CorbitMichigan Supreme Court · 1901
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3Cited by2 opinions
- Sullivan Machinery Co. v. BreedenIndiana Court of Appeals · 1907
- Saibara v. Yokohama Nursery Co.Supreme Court of Alabama · 1917