Dawkins v. Smithwick
Supreme Court of Florida
Luke W. Smithwick brought an action on the case, in the Circuit Court for the County of Leon, against Joseph Dawkins, to recover damages for deceit practiced by defendant in an exchange of horses — -the horse of defendant being represented to be sound when, in fact, he was diseased at the time, and continued so to be, so that he was of no value to plaintiff.
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Luke W. Smithwick brought an action on the case, in the Circuit Court for the County of Leon, against Joseph Dawkins, to recover damages for deceit practiced by defendant in an exchange of horses — -the horse of defendant being represented to be sound when, in fact, he was diseased at the time, and continued so to be, so that he was of no value to plaintiff. The exchange was alleged to have taken place on the first day of July, 1849. Plea not guilty, and verdict for the plaintiff at the Spring term, 1850. The defendant then moved in arrest of judgment on the ground that the contract mentioned…
1Opinion of the CourtSemmes, Justice
This was an action on the case commenced ent against appellant, in Leon Circuit Couris of warranty, in the exchange of horses. To' tion, the appellant filed his plea of the general issue, and at the March term of said Court, 1850, a verdict was found for respondent, assessing his damages at seventy-five dollars. Afterwards, at the same term, on the 3d of April, the attorney for appellant moved the Court in arrest of judgment, on the ground that the declaration seeks to recover on a contract which is void, by reason of having been made on the Sabbath. This motion was overruled by the Court…
2Cited by4 opinions
- Moore v. BoydSupreme Court of Florida · 1952
- Luka v. BehnAppellate Court of Illinois · 1922
- Coffin v. Greer College of MotoringAppellate Court of Illinois · 1928
- Kinney v. EmeryNew Jersey Court of Chancery · 1883