Hiligsberg v. New-Orleans Canal & Banking Co.
Supreme Court of Louisiana
APPEAL FROM THE COURT OP THE FIRST JUDICIAL DISTRICT. The defendants sold to the plaintiff, and warranted against the vices and maladies prescribed by law, eleven slaves at public auction for the sum of seven thousand four hundred and thirty dollars. The plaintiff now alleges that one of them was, previous to the purchase, addicted to the vice of running away, and on that ground he prayed" to rescind the sale.
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APPEAL FROM THE COURT OP THE FIRST JUDICIAL DISTRICT. The defendants sold to the plaintiff, and warranted against the vices and maladies prescribed by law, eleven slaves at public auction for the sum of seven thousand four hundred and thirty dollars. The plaintiff now alleges that one of them was, previous to the purchase, addicted to the vice of running away, and on that ground he prayed" to rescind the sale. The Canal and Banking Company pleaded the general denial and prescription. The other defendants pleaded that the defendant had lost all right to hold the defendants responsible, by not…
1Opinion of the CourtMathews, J.
This is a redhibitory action, in which the price of a slave is claimed to be rescinded, on account of being an habitual runaway. The court below considering that the plaintiff had not supported his claim by evidence in conformity with the 2505th articles of the La. Code, gave judgment of non suit, from which he appealed.
The record contains the testimony of one witness, who declares that the slave in question, whilst in the possession of one of his former owners ran away twice, but does not state the length of time he was absent in either of these _ abscondmgs. Another witness prove, that he…
2Cited by2 opinions
- Morris v. Executors of CainSupreme Court of Louisiana · 1887
- Jones v. SidleSupreme Court of Louisiana · 1843