Baker v. Seahorn
Tennessee Supreme Court
This case was tried at the March term, 1851, of the circuit court for Cocke county, Anderson, R. M., Judge, presiding. There was a judgment for the defendant, and the plaintiff appealed in error. So much of the grounds of the action as is material to be noticed, is set forth in the opinion.
1Opinion of the CourtMcKinney, J.
This suit was commenced before a Justice of the Peace, to recover damages for fraud in a swap or exchange of horses.
The ground of the action is,'that the defendant represented the horse he gave in exchange to the plaintiff to have one good eye, which representation he knew to be false, and fraudulently concealed the fact, known to him at the time, that the eye so represented to be good, was utterly defective, or nearly so.
The case was taken by appeal to the circuit court, where, upon a trial being had, verdict and judgment were rendered for the defendant, and the plaintiff prosecuted an…
2Cited by3 opinions
- Mashburn v. ThorntonCourt of Appeals of Tennessee · 1951
- Texas Tunneling Company v. City of Chattanooga, Tenn.District Court, E.D. Tennessee · 1962
- Mashburn v. ThorntonCourt of Appeals of Tennessee · 1951