Niles v. Brackett

Decided March 15, 1819

Massachusetts Supreme Judicial Court · decided 1819-03-15

Assumpsit on the warranty of a horse, which died soon after it was purchased. The question, at the trial before Parker, C. J., was, whether the disease of which the horse died existed before the sale, or was acquired afterwards; and the Chief Justice stated that the fact was rendered very doubtful by the testimony.

Good law ✅— No negative treatment on recordhow we know

Decided 1819-03-15

How this case has been cited

Cited by 4 later decisions — most recently November 1898

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1A new trial is granted; it appearing that the interest of the witness was not known to the plaintiff * until after the trial, and that it was known to the defendant,'who produced him. In a cause so nearly oalanced as this appears to have been, a little evidence is sufficient tu turn the scale, (a)

¶2An objection to the competency of witnesses, discovered after the trial, is not of itself a sufficient ground for a new trial, although it may have some weight with the court where the party applying appears to have merits.— Turner vs. Pearte, 1 D. & E. 717. —2 Arch. C. P 264.