The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-06-14
~ arine Court.
Before Hon. Judge Maynard.

IMPORTANT TO BUYERS AND SELLERS or Hoysss-A
CAsk OF ALLEGED FRAUDULENT WARRANTY.
JrSr r. Psltga C. Spur and EgleTtscn--rhis N an
for damages fr alleged fraud the sale OF pair
Of horses by defendants plaintiff and for which he pad
fhsm $500 PshuG told defendants that he wanted
par Of horses for the private family carriage Of gentle
lie deeaasnt ssad they had pair that would suit
hm; botn defendants present a, the sale. Onc OF
~ bCIses bad runaway with defendant Esbortsoa last
November aud he told the other defendant Of It At the
TINE fbe ether defendant Spear, told The plaintiff that
Tho borr,s gentle and kind ~ Tar a. be had driven
them or seen thcm lie says that he di not say they
we're genie Kind FAR he knew; lie did not how
ever, TIE paInud that the horses bal runaway with
IA pTiIer, although lac knew the fact Toe hors,. az
grove rcnte kind; they way with The plain.
OF, bioxe be ca'rh~e and blurred himself very much,
bresits bis cellar bone and three Of his RIBS Witnesses
borses. some tzu1ed IL 70 be $500, aud some low
sec.
par 81 n1rses. There are three classes Of actions
~ The sale Of horses warranty; secead,
on fraud thrd on a frsudulest warranty.
do warranty alone n the acton IL made ont, The defend
asts must rcep0n1 IN damages 70 TIC actual amount tho
pamtn has susis1ed apc 10 mere, bocanse he may war
Tcprtseu hOrse 70 be sound or kad nai gentle
bsving h b bc - To such be hae acted honestly
therefore. while he IL liable 10 the plainsn Tor the
aotusl damages, he should no, be visitod With smnt
n,ousy 10 tho ohor tWs cases the scul1 is made out,
tte ascendant bave been suiity OF moral wrong
snd such cases courts and jures are required 70 give
dsulsges with "a LIBERIA aro uneparDg hsnt NOS only
a. compensation 20 tne panth on bringing the defendant
~ jasue, but 70 teash the fefen liant moral ssson As
bcftes th1' they released from ell moral obligation.
eoch y 10, the law. u merchant dealing ia br0adcJtbs
should Know tna mice na1 gone the end Of bale and
eat bole through several iods and should sell Il 10
Customer without divu sDg such N Eiedge, there b not
horse dealer IN he country but would cay the merchant
ought W respon1 n damages, and toe gays
fraud may be perpctraed by the with
nc dung Of TACT, well by the uUerauce of
. fssehood. and n these de'endania kne those were
ruua~ay horses, roy we're a. much bound in
law, IN honesty and IN good faith 70 make that fact
kuoun " tbe rlanEg was thc merchant "a the case
iust utaea nan mag obtain $500 for horse Tat has
the sbea aod Lai Dot worth go Yet such raul
wrud be great the one here Ia question. In the
former The plaintiff could only lose MS $50 10 t1s
(lhe selling o. runaway bOrses) the pisalh mgat
have ott lie aBd tae ves Of bis vito aud family he
al any rate, and without knowag H. and
the pla ntf such rex. lie wa injured
ny tbe horses running away be lay senseess Tor some
tue az j. uoi wo4l let Men may be found who would
such Isk for hundred dollars and aui not sure
hai Ia a. llt ce Ucy 80 ~ agb value up
Nsr ives ileY az th- tcsi dFes o. t1ti n)iut. ~
us csss te fal-n and bon defendants tat - - rsi5
90 see is fi1u "a lra t, c Oh frs g. no llsc1', q
= acton b. male Cli Ihe lnI.sd jurisdiction Of ms
Govt I'D tOi aloe canaFe " ~ o. sssci I'D "a 10
era ans hrrt. tlCrsfOro zoe pil4.l must q.
conitascl VIA fJV9 esta~ges Jssznca, as2sf asiy