Lytle v. Erwin

New York Supreme Court

Lytle v. Erwin

26 How. Pr. 491

DecidedMarch 15, 1864

StatusPublished

This text of 26 How. Pr. 491 (Lytle v. Erwin) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lytle v. Erwin, 26 How. Pr. 491 (N.Y. Super. Ct. 1864).

Pincite

Opinion

By the court, Rosekrans, Justice.

This judgment was properly reversed , by the county court. The defendant offered to prove that for more than a year, while he owned the mare, she was gentle and kind, and worked so for him. This evidence if admitted, would have had a tendency to show that such was the character and habit of the mare [496]*496at the time of the warranty, and might have satisfied the jury that the warranty was not broken. It was also material upon the question of damages, if there was a breach of the warranty in part only. For these reasons, the judgment of the county court should be affirmed.

The remarks of Selden, J. (18 N. Y. R. 293,) are applicable to this evidence and its rejection.

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By the court, Rosekrans, Justice.

This judgment was properly reversed , by the county court. The defendant offered to prove that for more than a year, while he owned the mare, she was gentle and kind, and worked so for him. This evidence if admitted, would have had a tendency to show that such was the character and habit of the mare [496]*496at the time of the warranty, and might have satisfied the jury that the warranty was not broken. It was also material upon the question of damages, if there was a breach of the warranty in part only. For these reasons, the judgment of the county court should be affirmed.

The remarks of Selden, J. (18 N. Y. R. 293,) are applicable to this evidence and its rejection.

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Bluebook (online)

26 How. Pr. 491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lytle-v-erwin-nysupct-1864.