Van Bracklin v. Fonda

New York Supreme Court

Van Bracklin v. Fonda

12 Johns. 468

CourtNew York Supreme Court

DecidedOctober 15, 1815

StatusPublished

Cited by24 cases

This text of 12 Johns. 468 (Van Bracklin v. Fonda) 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

Van Bracklin v. Fonda, 12 Johns. 468 (N.Y. Super. Ct. 1815).

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Opinion

Per Curiam.

The verdict settles the facts* .that the~, b'e:ef

•sold- 'was ‘Unsound and -unwholesome, and. -that the defendant' below knew the animal to be diseased, and did not communicate -that "fact when be sold the-beef to the plaintiff below,

> In 3 Black. Com. 165., it is stated as a sound and elementary proposition, Jhat -in contracts'1-"for provisions., it -is always implied that" they are-wholesorne.; and if they are not,, case lies tb recover damages for the deceit. ; " "

In the sale of provisions foi domestic use, the vendor is bound to know that they are sound and wholesome, at-his peril. This-is a. principle, not only salutary,. but heqessary tp the preservation' of health and. life. . - :

In the present, case, the concealment of. the fact that the animal was diseased, is equivalent-to .the suggestion of a falsehood that she-was.stiuntl. " ■ , -

Judgment affirmed.

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Per Curiam.

The verdict settles the facts* .that the~, b'e:ef

•sold- 'was ‘Unsound and -unwholesome, and. -that the defendant' below knew the animal to be diseased, and did not communicate -that "fact when be sold the-beef to the plaintiff below,

> In 3 Black. Com. 165., it is stated as a sound and elementary proposition, Jhat -in contracts'1-"for provisions., it -is always implied that" they are-wholesorne.; and if they are not,, case lies tb recover damages for the deceit. ; " "

In the sale of provisions foi domestic use, the vendor is bound to know that they are sound and wholesome, at-his peril. This-is a. principle, not only salutary,. but heqessary tp the preservation' of health and. life. . - :

In the present, case, the concealment of. the fact that the animal was diseased, is equivalent-to .the suggestion of a falsehood that she-was.stiuntl. " ■ , -

Judgment affirmed.

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Bluebook (online)

12 Johns. 468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-bracklin-v-fonda-nysupct-1815.

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