Duncan v. Ray

Decided July 15, 1838

New York Supreme Court · decided 1838-07-15

Error from the New-York common pleas. Ray sued Duncan to recover the price of a mare sold to him. The sale was proved to have taken place in October, 1825.

Cited by 1 later decisions — most recently March 1893

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1838-07-15

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¶1By the Court,

Nelson, Ch. J.

¶2The objection of variance between the bill of particulars and the evidence of sale was properly disregarded, as is manifest from the following cases : 2 Taunt. 224; 1 Campb. 69, n.; 3 Maule & Selw. 380; 3' Bing. 3 ; 3 Wendell, 344; 4 id. 360.

¶3Judgment affirmed.