Stoddard v. Graham
New York Supreme Court
Facts as substantially alleged by the pleadings. The plaintiff brought this action to recover a horse which he claimed had been wrongfully detained by the defendant. The defendant denied generally. 2d. Alleged that an infant son of .the defendant, without his authority, exchanged horses with the plaintiff for a horse belonging to the plaintiff, and a note.
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Facts as substantially alleged by the pleadings. The plaintiff brought this action to recover a horse which he claimed had been wrongfully detained by the defendant. The defendant denied generally. 2d. Alleged that an infant son of .the defendant, without his authority, exchanged horses with the plaintiff for a horse belonging to the plaintiff, and a note. That when the exchange came to the knowledge of the defendant, he restored the horse and note received of plaintiff in the exchange, and recaptured and took the horse for which this action is brought. 3d. That on the said exchange the…
1Opinion of the Court
By the court,
James C. Smith, Justice.
By the terms of the contract, as established by the evidence given on both sides, the defendant had a right to rescind if the mare he got of the plaintiff was not as recommended; and the jury have found that the mare was not as recommended, and that the defendant undertook to rescind within the time agreed upon for that purpose. But it appears, also, without dispute, that the defendant, in order to rescind, first took from the possession of a bailee of the plaintiff the mare which he had let the plaintiff have, and shortly after-wards delivered at the…
2Cases cited7 opinions
- Barker v. BucklinNew York Supreme Court · 1846
- Farley v. ClevelandNew York Supreme Court · 1825
- Blunt v. BoydNew York Supreme Court · 1848
- Mallory v. GillettNew York Supreme Court · 1857
- Beach v. HungerfordNew York Supreme Court · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bishop v. StewartNevada Supreme Court · 1878