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169 Pa. 46

Eshleman v. Lightner

Supreme Court of Pennsylvania

Decided May 30, 1895

Supreme Court of Pennsylvania · decided 1895-05-30

Appeal, No. 191, Jan. T., 1895, by defendant, from judgment of C. P. Lancaster Co., Nov. T., 1893, No. 36, on verdict for plaintiff. Assumpsit on a promissory note. Before Livingston, P. J. At the trial it appeared that the note was given as part consideration for a horse sold and delivered by plaintiff to defendant on June 4, 1893. The defense was that the horse was not as warranted by the vendor.

Cited by 2 later decisions — most recently December 1933

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1895-05-30

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Per Curiam,

¶1This suit was on defendant’s note in favor of plaintiff for two hundred and sixty dollars, part consideration for a horse sold and delivered by the payee to the maker in June, 1893. The note being admitted, the sole defense was warranty of the horse by the plaintiff, breach of the warranty, etc. Testimonjq of a conflicting character, but tending to sustain the defense, was introduced by the defendant. On the other hand, the alleged warranty was denied by the plaintiff; and the questions of fact thus presented were properly submitted to the jury, whose findings were adverse to the defendant.

¶2An examination of the record, with special reference to the assignments of error, has not convinced us that there is anything therein to justify a reversal of the judgment entered on the verdict. We find nothing in any of the specifications that requires extended comment.

¶3Judgment affirmed.

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