Caldbeck v. Simanton
Supreme Court of Vermont
Case for false warranty. Plea, tbe general issue. Trial by jury at tbe June Term, 1907, Caledonia County, Miles, J., presiding. Yerdict and judgment for tbe plaintiff. Tbe defendant excepted. During tbe trial, before tbe plaintiff rested, and again at tbe close of all tbe evidence, tbe defendant moved to dismiss tbe case because tbe action is founded on contract, and tbe writ was issued as a capias and tbe defendant’s body arrested tbereon.
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Case for false warranty. Plea, tbe general issue. Trial by jury at tbe June Term, 1907, Caledonia County, Miles, J., presiding. Yerdict and judgment for tbe plaintiff. Tbe defendant excepted. During tbe trial, before tbe plaintiff rested, and again at tbe close of all tbe evidence, tbe defendant moved to dismiss tbe case because tbe action is founded on contract, and tbe writ was issued as a capias and tbe defendant’s body arrested tbereon. Tbe motion was overruled, and tbe defendant excepted. Defendant’s motion to dismiss should bave been granted. Tbe declaration bas no scienter■ thereby…
1Opinion of the CourtMunson, J.
The plaintiff declares in substance that he bargained with the defendant for the purchase of a diamond, and that the defendant sold him the diamond for a certain price by “falsely and fraudulently warranting” it to be a perfect stone, when in fact it was not a perfect stone, but defective in certain respects stated; and that the defendant thereby “falsely and fraudulently deceived him.”/ The service was by arrest, and the case stands on a motion to dismiss. The defendant argues that no scienter is alleged, that the declaration is in case for a breach of warranty, that there could be no…
2Cases cited15 opinions
- Southern Development Co. v. SilvaSupreme Court of the United States · 1888
- Fitch v. NewberryMichigan Supreme Court · 1843
- Vail v. StrongSupreme Court of Vermont · 1838
- State v. SmithSupreme Court of Vermont · 1890
- Beeman v. BuckSupreme Court of Vermont · 1830
10 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- McAllister v. BenjaminSupreme Court of Vermont · 1923
- Howe v. Lisbon Savings Bank & Trust Co.Supreme Court of Vermont · 1940
- Slack v. BraggSupreme Court of Vermont · 1910
- Arnold v. SomersSupreme Court of Vermont · 1918
- Parker v. RobertsSupreme Court of Vermont · 1925
12 more not listed; retrieve them via the Exa API.