Sheppard v. Earle

New York Supreme Court

Sheppard v. Earle

32 N.Y. Sup. Ct. 317

DecidedOctober 15, 1881

StatusPublished

This text of 32 N.Y. Sup. Ct. 317 (Sheppard v. Earle) 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

Sheppard v. Earle, 32 N.Y. Sup. Ct. 317 (N.Y. Super. Ct. 1881).

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Opinion

Judgment reversed and new trial ordered, costs to abide event. Meld, that as the complaint contains sufficient allegations to constitute a cause of action for the recovery of the money paid, on the ground of an entire failure of consideration, all the other allegations may be disregarded, and a recovery may be had on that ground if the evidence warrants it. (33 N. Y., 581; 42 id., 83.) This point was not passed upon on the former appeal, all that was then held being that an action for a breach of warranty could not be maintained upon the facts proved.

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Judgment reversed and new trial ordered, costs to abide event. Meld, that as the complaint contains sufficient allegations to constitute a cause of action for the recovery of the money paid, on the ground of an entire failure of consideration, all the other allegations may be disregarded, and a recovery may be had on that ground if the evidence warrants it. (33 N. Y., 581; 42 id., 83.) This point was not passed upon on the former appeal, all that was then held being that an action for a breach of warranty could not be maintained upon the facts proved.

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Bluebook (online)

32 N.Y. Sup. Ct. 317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheppard-v-earle-nysupct-1881.

Opinion

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