Stringfellow v. Mariott
Supreme Court of Alabama
(Signed) S. R. MARIOTT, For B. MARIOTT. is the warranty of B. M., the principal. Error, to the Circuit Court of Greene County. ASSUMPSIT on a promissory note, by the defendant in error, against the plaintiffs in error. Pleas: non assumpsit, fraud and deceit, in the sale of the slave, which was the consideration of the note and payment.
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(Signed) S. R. MARIOTT, For B. MARIOTT. is the warranty of B. M., the principal. Error, to the Circuit Court of Greene County. ASSUMPSIT on a promissory note, by the defendant in error, against the plaintiffs in error. Pleas: non assumpsit, fraud and deceit, in the sale of the slave, which was the consideration of the note and payment. Judgment for the plaintiff below. -f The case is presented here by a bill of exceptions, which shows that the plaintiffs in error proved that the note sued on, was given on the purchase of a slave, by Stringfellow, sold to him, by S. Mariott, as the agent of…
1Opinion of the CourtOrmond, J.
— The counsel for the plaintiffs in error, concedes that the declarations of the slave would not be admissible to prove that she was unsound, but he insists that they should have been received to prove the scienter on the part of the vendor, evidence having previously been given of the unsoundness of the slave, and thus make out the defence of fraud.
The return of the negro by Horton the witness, who had purchased her previously to the plaintiffs in error, to the defendant’s agent, was a fact which was evidence of the notice to the agent, *575of the unsoundness of the slave, as it was at least…
2Cases cited2 opinions
- Martin v. DortchSupreme Court of Alabama · 1828
- Skinner v. GunnSupreme Court of Alabama · 1839
3Cited by6 opinions
- Carter v. Doe ex dem. ChaudronSupreme Court of Alabama · 1852
- Roney's Adm'r v. WinterSupreme Court of Alabama · 1861
- Montgomery & Eufaula R. R. v. TreblesSupreme Court of Alabama · 1870
- McCall v. SinclairSupreme Court of Alabama · 1848
- Barnes v. BallSupreme Court of Alabama · 1923
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