Fisher v. Fredenhall
New York Supreme Court
THIS action was commenced before a justice of the peace. The plaintiff, in his complaint, alleged that the defendant was justly indebted to him in the sum of $55, for a certain horse which the plaintiff sold and delivered to the defendant, at the town of Schoharie, in February, 1849; and also in the further sum of $5, for so much money lent and advanced by the plaintiff to the defendant, at the defendant’s request, and for money lent the defendant in the year 1849, and had…
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THIS action was commenced before a justice of the peace. The plaintiff, in his complaint, alleged that the defendant was justly indebted to him in the sum of $55, for a certain horse which the plaintiff sold and delivered to the defendant, at the town of Schoharie, in February, 1849; and also in the further sum of $5, for so much money lent and advanced by the plaintiff to the defendant, at the defendant’s request, and for money lent the defendant in the year 1849, and had and received to and for the use of the plaintiff. And the plaintiff further alleged, that in or about the month of…
1Opinion of the Court
By the Court, Parker, P. j.
The complaint includes counts for a horse sold, and for money lent, had and received, &c. Also a count alleging that the plaintiff sold a horse to. the defendant and received in consideration a note for $'60, against Jacob D. Woolford, and that the defendant warranted that Woolford was responsible and the note collectable. The answer was a general denial. In the pleadings there is no suggestion of fraud ; the plaintiff seeks only to recover on contract, and the cause was evidently tried under that view of the case;
It is insisted by the plaintiff’s counsel that,…
2Cases cited2 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Matteawan Co. v. BentleyNew York Supreme Court · 1852
3Cited by4 opinions
- Kinney v. KiernanNew York Supreme Court · 1870
- Hoopes v. StrasburgerCourt of Appeals of Maryland · 1873
- Nichols v. . PinnerNew York Court of Appeals · 1858
- Quintard v. NewtonThe Superior Court of New York City · 1867