Pinney v. Geraghty

Van Kirk, J.:

The complaint alleges that the defendant offered to sell to plaintiff for $1,100 an automobile and warranted the automobile to be defendant’s property and that he had a right to sell it; plaintiff, relying on the warranty, purchased the automobile from defendant and paid him therefor $1,100; the automobile was at the time the property of one Natelson; plaintiff sold the car to one Smith, and thereafter the car was taken from Smith by the sheriff on the ground that it was a stolen car; Smith sued this plaintiff to recover the purchase price with interest; plaintiff gave defendant…