He sold you two kittens.
They had a virus.
Exactly.
He said he could put them down and give me new kittens.
You can't put them down for that.
[Judge Judy] I don't minimize the fact that you're upset
and that you are attached to these kittens now.
They're sick.
[announcer] This is Judy Justice.
[theme music playing]
[announcer] Jade Arthur-Huseby is suing cat breeder Jeffrey Taylor
for vet bills and the cost of two Bengal kittens.
[Kevin] Court come to order.
Have a seat, please.
- Hello, Judge. - How are you?
Case number 1143, Arthur-Huseby versus Taylor.
- [Judge Judy] Huseby. - Yes.
[Judge Judy] Your complaint is a relatively a simple one.
You claim that Mr. Taylor is responsible for all
of your cats getting ringworm and being sick.
You want him to pay your vet bills
and a whole bunch of other things, $10,000 worth.
- Yes, ma'am. - [Judge Judy] Okay.
Mr. Taylor says he felt a certain amount of sympathy for you,
initially, when you told him
you had extensive vet bills
- 'cause he sold you two kittens. - [Jade] Yes.
[Judge Judy] Did he ever pay any of the vet bills early on?
- Yes. - [Judge Judy] How much did he pay?
The approximate number, I don't know,
but I can tell you it's around 1,200.
How much money did you pay?
I believe 13 something.
You bought two kittens for him on what date?
May 24th, 2021.
[Judge Judy] And they were Bengal kittens?
- [Jade] Yes. - [Judge Judy] How old were they
- on May 24th? - About 11 weeks.
By the time they're 11 weeks old, they usually get some shots.
Yes.
[Judge Judy] Had you given the many shots?
Yes.
[Judge Judy] Which shots have they gotten?
I don't recall exactly what it is, but it's called a four way.
They received a four way of shots.
It's one shot.
Do you remember how old they were when they got them?
I give them at seven to eight weeks.
[Judge Judy] How many kittens were there in the litter
of these kittens 'cause you had the litter, correct?
- Correct. - [Judge Judy] Okay.
I believe there was four.
[Judge Judy] And how much did Ms. Huseby pay for
the two kittens that she purchased?
[Jeffrey] One thousand five hundred apiece.
- [Judge Judy] So she paid $3,000? - Correct.
- [Judge Judy] And you have both parents? - [Jeffrey] Correct.
[Judge Judy] How long have you been in the breeding business?
- Ten years. - [Judge Judy] When the plaintiff
purchased the kittens, was there a contract?
- No. - [Judge Judy] Is that correct?
Yes.
Now, you took them home on the 24th of May?
- Yes. - [Judge Judy] You had other cats at home.
What other kind of cats do you have at home?
One Bengal, one years old and one Calico, ten years old.
Now, the Bengal that was a year old was a male?
- Yes.
- [Judge Judy] Neutered or not? - No.
[Judge Judy] So you planned on breeding the cats?
- Yes. - Because you bought two females.
- Yes. - [Judge Judy] Is the Calico
an indoor cat or an outdoor cat?
- Indoor cat. - [Judge Judy] And what about the Bengal?
Indoor.
He's been let out a couple times but not on purpose.
But he's both indoor and he goes outside and comes back?
He just escaped a couple times.
So, he's indoor, he's indoor.
I'm just letting you know that I'm familiar with Bengal cats.
- Okay. - [Judge Judy] And they like it outside.
They like to prowl.
That's in their DNA.
After the 24th of May, when did you take the kittens to the vet?
- [Jade] It would have been the 29th... - [Judge Judy] Show me.
...that I brought them to the vet.
[Judge Judy] Show me the--on May 29th...
[Jade] I brought the kittens to the vet and they were...
- [Judge Judy] I have to see... - Okay.
...the vet's record.
- [Jade] Okay. - You can't tell me what anybody told you.
- [Jade] Okay. - You have to show me
the vet's record, they're business record.
Okay. Your Honor, I have the next record
that states about the previous record...
[Judge Judy] Just a second, and I'll see what you have.
- [Jade] Okay. - You--so, you didn't bring
the record of May 29th?
- No, but it's... - [Judge Judy] Just a sec.
- No. - When did you take them
to the vet after the 29th?
07/11.
[Judge Judy] So, a month and a half later?
- Yes. - [Judge Judy] Yes. All right.
I'm gonna take a look at that, please.
- [Jade] Okay. - Kevin.
[Jade] There's several of them.
I'm just gonna grab them all for you.
No, don't grab them all, 07/11.
[Jade] No, no, that's all for that day 'cause it was every single cat.
No, I don't want every single cat.
I want the two kittens.
[Jade] Okay.
[Judge Judy] Okay. So about month and a half later...
- Yes. - [Judge Judy] The two kittens
as well as your cats had ringworm.
- Yes. - And?
[Jade] And um I have the positive ringworm results,
but there was another medical problem
that I have the other documents for...
[Judge Judy] Yeah, he's not responsible for their ringworm.
[Jade] Okay. The other medical problem they had
when I purchased the kittens,
they were sick and I have the photos,
and the documents from the vet.
[Judge Judy] Well, let me ask you this question...
- [Jade] Yeah. - ...Ms. Huseby.
They had colds according to what I read here in the doctor's notes.
Yes.
And I believe that the defendant acknowledges that
he said to you they have colds.
- Is that correct? - Yes.
[Judge Judy] So, when you took the kittens to the vet.
- Yes. - [Judge Judy] And I say this to you
as somebody who is very familiar...
- [Jade] Yes. - ...with cats,
having at one time in my life.
Probably, during a psychotic episode.
I'm only teasing about that.
I had six cats, Persians and Himalayans.
- Yes. - [Judge Judy] And that was 30 years ago,
until my immune system crapped out on me
and I couldn't be near cats anymore
because these were all long-haired cats.
So, I'm gonna tell you a story,
so you'll understand where I'm coming from.
These were purebred that we bought sort of one at a time.
We bought a silver shaded Persian.
We bought a Persian, we bought a Himmy,
a Seal point Himmy, and a blue point Himmy,
and we loved those cats.
We'd run home from work lunchtime.
We'd leave court in the Bronx and run home to our apartment and check
on the cats and the kitten, and make sure that they were okay.
We lived in an apartment so they never went out.
We have them--I don't know, about...
six months, seven months and they all developed ringworm.
Now, I didn't have ringworm.
And my husband knows if he had ringworm, he'd be living in another jurisdiction.
And I remember going to take the cats in their carriers to the vet,
all six of them, one Saturday morning,
and it was pouring outside.
And here, we took such good care of these cats, I cooked for them.
There was one small one
that didn't like to eat with the rest of the cats,
so she ate up on the counter.
A little white, beautiful kitten,
and I fed her because she would be standoffish.
And the larger ones wouldn't let her get her share.
So, these were--these were spoiled cats
by two old people who were almost empty nesters.
That's what happened.
You're not there yet.
And we're leaving our apartment building
carrying--each one of us has carrying cases with couple of kittens,
couple of larger cats,
and you could see the ringworm around here,
you know, little spots, starts to lose hair.
- Is that what happens with ringworm? - Yes.
[Judge Judy] And jumping from one garbage can to the other
in front of our apartment building
was this alley cat with a sleek coat.
Nobody took care of it.
It took care of itself. (chuckles)
It went from garbage can to garbage can,
got what it needed to eat,
lapped up water when it needed to lap water from the rain water.
Found someplace dry to sleep, I assume,
'cause it didn't have a collar on.
But it was sleek and healthy.
I stopped looking at it, 'cause it was looking at us,
and could see the kittens through the things that--
it stopped and it opened up their beautiful green eyes.
And I said, "I don't understand this."
We take such good care of our kittens.
How did they get ringworm?
I said, "If they have this disease, can I get my money back?"
And he said if they have that disease,
then he could put them down, and give me new kittens,
and never offered to give my money back.
[theme music playing]
[announcer] Jade Arthur-Huseby claims cat breeder Jeffrey Taylor
owes for the cost of vet bills
after selling her two Bengal kittens with a serious illness.
Okay. You had these kittens for a little over a month and a half
until they were diagnosed by a vet with ringworm.
- Yes. - And when you took the kittens,
they had a cold.
You took them on the 24th,
you don't have the records from the 24th.
Your Honor, I have, um, I have a different record
that states the day that they came in a few days after the 24th,
that they were previously seen on that date,
because I kept bringing the kittens in every, like, few weeks
and once a month, because of the colds.
- So I don't have the... - Just, just a second.
- [Jade] ...first one. - And--you don't have the first one.
What I'm asking you is when you took them in...
- Yes. - ...and you notified
- Mr. Taylor. - [Jade] Yes.
[Judge Judy] His response was initially for the cold.
"I'll pay for those bills."
And he did give you $1,300 towards those bills.
- Yes. - [Judge Judy] Which you accepted.
[Jade] Yes.
Did you, at any time at the beginning,
the first time you took them to the vet
and the vet said they had a cold, say to Mr. Taylor,
"Even though we don't have a contract,
I'm prepared to take the kittens back
and give you your money."?
[Jade] I did state, yes.
When? On what date did you say that to him?
[Jade] About the 28th, so it's about the middle of the week, um...
- [Judge Judy] May 28th. - Yes. Not even a week after...
- [Judge Judy] Okay. - ...I purchased the kittens.
[Judge Judy] Just a second. And on May 28th,
what did the defendant say to you?
That they have a cold, their cold isn't getting better?
It wasn't a cold. It was a respiratory infection.
[Judge Judy] Okay. And he paid for that.
- Yes. - Okay.
- [Jade] And... - So he paid for that.
Did you say-- or did he say give them back--
or did you say, "I wanna give them back.
You take care of the respiratory infection."?
Yes. I'm gonna tell you exactly what I said, so...
I'd like to hear it.
[Jade] The vet had told me...
Don't--you cannot tell me--listen to me.
You cannot tell me anything that the vet said to you.
If you have records, business records,
- like I just read from the vet. - [Jade] Uh-hmm.
- I will see them. - Yes.
[Judge Judy] But you cannot tell me what the vet said to you.
You can tell me what you said to the defendant
and the defendant said to you on the 28th of May.
[Jade] Okay. I do--I do have it in the note from the vet,
um, that I mentioned to him, the vet said that...
- [Judge Judy] You... - [Jade] Okay.
- That's not happening. - [Jade] Okay.
- I--okay. - That's not happening, Ms. Huseby.
I mentioned to him that they possibly might have, uh, a viral disease.
I said, "If they have this disease, hopefully, you know, they don't,
maybe it's just a cold, can I get my money back?"
And he said, "If they have that disease,"
then he could put them down,
and give me new kittens, and never offered to give my money back.
[Judge Judy] Just a second.
So he said to you
if they have that disease,
- they should probably not be bred, right? - Correct.
[Judge Judy] Which is what you bought them for.
"And I will take them back, I'll put them down,
and give you new kittens." Just a second.
And you rejected that because we're now at the end of October
and you still have the kittens, right?
Yes, but you can't put them down for that.
[Judge Judy] Just a second, just a second.
- You can't... - [indistinct]
[Judge Judy] Just a second, just a second.
If it's not a life-threatening disease--
Ms. Huseby, you have to pull yourself together.
It's not a life-threatening disease,
but you wouldn't want to breed kittens that have that.
- Exactly. - [Judge Judy] So he said to you,
"If they have that disease, I will replace those kittens."
Even though he doesn't have to,
'cause you don't have a contract with him,
but he said that to you.
You chose not to do that.
Just out of my own curiosity,
because there is no contract other than she bought kittens,
she took them home.
You paid for the first round of respiratory illnesses for the kittens.
Did you get the results of the tests for those kittens?
- Do they have that disease? - Yes.
Okay. So, you cannot breed them.
- No. - [Judge Judy] Okay.
Can I see the results of that test?
[Jade] Yes.
There's one more result, too.
One second.
- I just want to see... - [Jade] Oh, here.
Here they all are.
And they gave it to my older cat, too.
So it's a communicable disease.
It's not, uh, a disease that's in the DNA.
It's in the blood. So that's how they test it ever since...
[Judge Judy] I--shh.
They had, uh, a virus.
- It's a virus. - [Judge Judy] It's a virus.
- It's a herpes virus. - [Judge Judy] It's a virus.
But you can't get rid of it.
It's medically proven you can't get rid of it.
I don't know that.
[Jade] Your Honor, I have one more that states--
because the doctor without blood testing them,
- said this is... - Don't--you cannot...
- Okay. Uh, I have it in here. - ...tell me what the doctor said.
[Judge Judy] If you want me to read a report, I will read a report.
[Jade] This is before they blood tested it, on the second page.
Just--I'm a reader.
That's what I do.
Okay. So...
It was stating--because I brought it in for the respiratory.
They put notes in there like, you know,
that it has the herpes and that hopefully they will improve.
- That... - [Jade] Before I got it blood tested,
but they knew from looking at it, like since I bought it...
- You can't--listen to me. - ...they had all the symptoms.
[Judge Judy] You cannot tell me what they thought, what they knew.
- Well, later on, it did test positive. - [Judge Judy] What--uh,
it also said in there and I know that you're upset
and I don't minimize the fact that you're upset
and that you are attached to these kittens now.
You bought these two kittens without a contract.
You took them home, knowing that they had a cold.
If I went and bought an animal,
and the animal didn't look right to me, I would say,
"You know what? I'm not taking this animal home.
It doesn't look right to me." But you decided to do that.
The defendant who's been in the business for 10 years,
said to you, "They have cold."
That's what I see.
- He didn't voluntarily say that. - [Judge Judy] Just, just--
well, you saw that, that's what you said in your complaint, okay?
- He acted--he acted like... - [Judge Judy] Just a second.
"...Oh, it's nothing. I see it all the time."
[Judge Judy] Just a second. That's all right.
You're buying a product, your product is two kittens.
It's just like if you went and bought a car,
and when you started it up,
it started to smell a little bit.
And the person who was selling you this car, says,
"Oh, they always start up and they smell like this.
It's until the oil burns off."
Well, if you want to accept that explanation and take the car home,
that's your problem. You smelled it, you saw it.
The person who's giving you said, "Well, it's not really a problem."
And it may not be a problem, but six months later,
it turns out to be a problem, because there's an oil leak,
and that you don't have a contract with that person
unless you do, in fact, have a contract with them.
That there's a certain amount of time that you have to take the kittens
to be checked by a vet, and if within 10 days--
and I've seen those contracts thousands of times.
You didn't have that.
You happen to have,
what I perceive to be a legitimate breeder
who said to you, "I feel badly
that you have to take the cats in for this respiratory problem
and I will pay that vet bill."
But then when they develop ringworm and you have other cats in the house,
a month and a half later, that was a persistent problem.
According to what I read, he's not an insurer of your cats.
Your Honor, the ringworm came up a week later.
I have receipts for stuff that I bought at home,
'cause I tried to treat it before I brought them to the vet.
It still doesn't make him responsible.
And I went to the courts where we live,
and I got the paperwork, they said it was illegal for him...
- [Judge Judy] Just a second. - ...to sell it to me without that.
[Judge Judy] Just a second.
You can't tell me what anybody said to you.
That's hearsay.
He never said, "My cats also had ringworm."
But he paid the bill.
Why did he pay the bill if he didn't think he was guilty?
Maybe he was just a nice person and he felt sorry for you.
[theme music playing]
[announcer] Jade Arthur-Huseby has accused cat breeder Jeffrey Taylor
of selling her two Bengal kittens infected with a virus.
Jeffrey says he offered to take the kittens back, but Jade refused.
Okay. What I'm telling you is you don't have a contract with him.
The state we live in, they said it's illegal to sell without a contract
- and to sell while it's sick. - [Judge Judy] Okay.
You have to be able to establish
that the defendant knew that these cats were sick.
That's number one.
I'm gonna ask him a question.
Sarah is gonna look it up.
Where do you come from?
- Minnesota. - [Judge Judy] Minnesota.
What county?
- Anoka County. - [Judge Judy] Anoka County.
Look up Anoka County, sale of domestic animals.
There were two other kittens
- in this litter, sir. - Yes.
[Judge Judy] Were any of your cats treated for ringworm?
No.
[Judge Judy] Did either of the two people
to whom you sold the two other kittens
report to you that their kittens had ringworm?
- No. - But, Your Honor,
he told me on the phone, "Oh, my dad had the ringworm,"
'cause his dad helps him with the kittens,
"Just put some shampoo and buy some cream."
I told him that a week later that-- 'cause a week later the ringworm came up
and I bought stuff that--treat it at home,
- but it wouldn't get rid of it. - [Judge Judy] Just a second.
Ms. Huseby, he's not an insurer of your kittens.
- [Jade] But he knew... - You have one cat that goes...
He said they had it over there.
Now, he's saying that they didn't.
- [Judge Judy] Well, just a second. - Your Honor?
- [Judge Judy] Did he ever--what? - Can you...
[Judge Judy] Did he--did he tell you
when your cats were diagnosed with ringworm
that his cats were diagnosed with--
just think about the answer to my question.
No.
He never said, "My cats also had ringworm."
But he paid the bill.
Why did he pay the bill if he didn't think he was guilty?
Maybe he was just a nice person and he felt sorry for you.
But he's not paying you $10,000.
That's ridiculous.
Unless you can establish to me and I don't know what the law says.
So, there is a law that no animal may be offered for sale
by a broker or a pet dealer,
uh, until the animal has been examined by a vet
and the rights of the purchaser if within 10 days
after receipt of the animal by a purchaser.
A veterinarian states in writing
that the animal has a health problem that existed at the time of purchasing,
they should have two business days
to inform the breeder and return the animal.
[Judge Judy] And return the animal.
Okay. So, you took the kittens, according to you,
- within that 10-day period to a doctor. - Yes.
[Judge Judy] And you informed the defendant?
[Jade] Yes.
[Judge Judy] And you informed him within two days?
- Yes. - [Judge Judy] And at that time,
did you ask to return the kittens?
At that time...
[Judge Judy] The answer is either a yes or no.
Yes, after the visit.
- [Judge Judy] After the visit. - And what did he say to you?
If they have that disease...
[Judge Judy] No, not if they have the disease.
- We're not talking about that disease. - Okay. Okay.
- We're talking about the cold. - [Jade] Well, I told him--yes.
- Okay. - We're talking about the cold.
You accepted payment of him
- for either 12 or $1,300... - Yeah.
...for treating them for that cold
- and upper respiratory infection. - Yes.
[Judge Judy] That's the way you resolved the issue...
- Yes. - ...because you didn't want to
return the kittens.
I asked him about getting my money back for the kittens,
which obviously I'd return--you know,
return the kittens and get the money back.
"No, if they are diseased,
then we will put the cats down and I will give you new kittens."
[Judge Judy] [indistinct] and you said no?
- Yes. You can't do that. - [Judge Judy] Okay.
- You can't put the cats down for that. - [Judge Judy] Okay. Okay.
- You have the kittens now? - [Jade] Yes.
How are they?
They still have respiratory problems.
I just brought them in last week.
They're sick.
And I keep giving them the medication, it's because of the disease.
It causes viral respiratory problems.
[Judge Judy] What do you wanna do, Ms. Huseby?
What would you do?
Would you return the kittens to the defendant and say,
"I'm giving you the kittens,
if you're going to put them down, put them down.
I want my money back."?
My question is, is that what you want to do?
I'm not saying that that's what I will do.
I'm just asking you, is that what you want to do?
No, they diseased, all the other cats in the house, too.
- [Judge Judy] What... - It--I can't just get rid of them.
You know what I'm saying? All my cats are diseased.
That would mean I'd have to get rid of all my cats.
[Judge Judy] And what I'm telling you is
you have no proof that it's his fault, no...
From the day I brought them home, they had symptoms of the disease.
[Judge Judy] Madam, he says that his kittens
and his cats were not treated for ringworm,
on or about the time that your cats developed ringworm.
So, if the kittens brought the ringworm into your house
that means they had-- bring them in from his house,
'cause they never left his house.
But it's possible,
possible that your Bengal that does go outside
brought ringworm into the house.
I don't say it happened.
I think it was very nice of him, absence of contract,
for him to pay the vet bill for the respiratory illness.
- [Jade] He wasn't pleasant. - He's not...
He wasn't pleasant like he was saying.
[Judge Judy] Well, I didn't say he was pleasant.
I said pay.
What did she say?
- He wasn't... - He wasn't pleasant.
[Judge Judy] Pleasant? He doesn't have to be pleasant.
You paid him 3,000--$1,500 for a kitten.
He's not an insurer of your entire cattery.
- But he sold me a diseased cat. - We're done.
Thank you very much. Your case is dismissed.
[Kevin] Court is adjourned.
I felt that I went above and beyond
and took care of the issues that she had with the cats
at the beginning, which I didn't have to do.
I hope they do have a good home and I hope they're taken care of,
and I think that she will take care of 'em.
She does seem pretty passionate, so...
[Sarah] You know, I remember that story about you and Poppy
taking all of the cats in their carriers back to the vet
and seeing that stray cat,
and I sympathize with the plaintiff
'cause I understand that she was in a tough moral position.
She doesn't wanna return the cats,
knowing that they're gonna be put down for this disease.
But she doesn't wanna keep diseased cats in her home, so I understand.
But it's a tricky spot to be in, and sometimes the alley cats,
no matter how well you take care of your cat, come out on top.
- (chuckles) They're strong. - [Sarah] Yeah.
- That's what we call Poppy. - Yeah.
Call him an alley cat.
Yes. I did feel sorry for her.
- But there's a good legal lesson. - [Sarah] Uh-hmm.
[Judge Judy] When you buy an animal,
you're supposed to have a contract
and the contract should provide
that you have a certain amount of time, days...
- Uh-hmm. - [Judge Judy] ...to take the cat to a vet
and have the vet make a diagnosis.
And if the diagnosis is such that the kitten--
you feel as if the kitten or the dog or the puppy...
- Yup. - ...is sick,
you have five days in which to return the animal
- for a full refund or a replacement... - Uh-hmm.
...at either your option or the seller's option.
That's a clear contract.
Here, she paid $1,500.
There was no contract.
She saw that the kittens had runny nose and...
- Yeah. - ...eyes--she took them anyway.
Took them to the vet, (chuckles) called him,
he said, "Gee, I'm sorry."
And some point, you just have to say,
"Listen, this is my responsibility.
- It's not somebody else's fault." - Uh-hmm.
So, I feel sorry for her, because she's a sweet lady,
but that doesn't mean she has a legal remedy.
- Uh-hmm. I agree. - [Judge Judy] And she doesn't.
[announcer] Want Justice?
Go to judyjustice.tv.
[theme music playing]