Blasdale v. Babcock
New York Supreme Court
THIS was an action on the case, on an implied warranty in the sale of a horse. At the trial of the cause before , , Mr. Chief Justice Kent, on the 20th of June, 1806, itappeared, that after the plaintiff had bought the horse of the defendant, one Snow, who claimed the property, brought an action of trover against the present plaintiff, for the sarnie horse, which was tried before the court of Common Pleas, of the co .nty of Washington, and a verdict was found against the…
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THIS was an action on the case, on an implied warranty in the sale of a horse. At the trial of the cause before , , Mr. Chief Justice Kent, on the 20th of June, 1806, itappeared, that after the plaintiff had bought the horse of the defendant, one Snow, who claimed the property, brought an action of trover against the present plaintiff, for the sarnie horse, which was tried before the court of Common Pleas, of the co .nty of Washington, and a verdict was found against the present plaintiff for the value, with costs. It appeared, that the plaintiff had given notice to the defendant of the…
1Per curiam
The record was proper evidence, for without it, the plaintiff could not have shown a legal eviction. The first notice given to the defendant of the other suit brought against the plaintiff for the horse, was sufficient; and he was bound to know all the subsequent proceedings, without a special notice, of the time every subsequent court was to be held. There was no misdirection by the judge ; and we are of opinion that the plaintiff is entitled to a judgment.
Judgment for the plaintiff.
2Cited by23 opinions
- Menzel v. ListNew York Court of Appeals · 1969
- Hartford Accident & Indemnity Co. v. First National Bank & Trust Co.New York Court of Appeals · 1939
- Rhode v. GreenIndiana Supreme Court · 1866
- Jones v. HenryCourt of Appeals of Kentucky · 1823
- Maddocks v. GusheeSupreme Judicial Court of Maine · 1921
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