Whitney v. Sutton
New York Supreme Court
Error from the Genesee common pleas. Whitney sued Sutton in a justice’s court, and declared on a warranty in the exchange of horses, viz. that the horse which the defendant gave the plaintiff in exchange for a horse received from him was sound, except the scratches, and that he was kind in harness, and alleging a breach of the warranty. The defendant pleaded the general issue. The cause was heard before a jury.
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Error from the Genesee common pleas. Whitney sued Sutton in a justice’s court, and declared on a warranty in the exchange of horses, viz. that the horse which the defendant gave the plaintiff in exchange for a horse received from him was sound, except the scratches, and that he was kind in harness, and alleging a breach of the warranty. The defendant pleaded the general issue. The cause was heard before a jury. The plaintiff proved that the horse was lame at the time of the exchange ; that he expressed his apprehensions as to the lameness, and that the defendant said he is a sound horse…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The return of the justice shews what questions were raised before him; they were both of law and fact. By the statute the court of common pleas are authorized to review (he whole proceedings in the court below, and to decide according to the justice of the case, disregarding matters of form, which do not affect the merits. With *413the questions of fact which were disputed this court has nothing to do ; upon a writ of error we can correct errors of law only. The only question of law raised during the trial was whether the plaintiffhad failed to support his action by…
2Cited by23 opinions
- Noyes & Pettingill v. HewittNew York Supreme Court · 1837
- Burnham v. . ButlerNew York Court of Appeals · 1865
- Stryker v. BergenNew York Supreme Court · 1836
- Cook v. MoseleyNew York Supreme Court · 1835
- Rogers v. AckermanNew York Supreme Court · 1856
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