Oothout v. Thompson
New York Supreme Court
THIS was an action on the case, brought to recover damages, for a deceit in the sale of a negro wench. The defendant pleaded, 1. Not guilty : 2. Not guilty within six years next before exhibiting the plaintiff’s bill.
Read the full summary
THIS was an action on the case, brought to recover damages, for a deceit in the sale of a negro wench. The defendant pleaded, 1. Not guilty : 2. Not guilty within six years next before exhibiting the plaintiff’s bill. The plaintiff’s writ was tested the 23d of October, 1820. The cause was tried at the Otsego Circuit, in September, 1821, before Mr. Justice Woodworth, It appeared from the evidence at the trial, that the defendant, at the time of sale, which was the 4th of October, 1814, recommended the wench as good and sound, and did. not mention that she had any defect or disease : and that…
1Opinion of the Court
Spencer, Ch. J.,
delivered the opinion of the Court.
This is an action for fraud in the sale of a negro wench* in fraudulently representing her health and capacity for work. The pleas were not guilty, and not guilty within six years. The jury found a verdict for the plaintiff, on the question of fraud. The Judge reserved the question on the. operation of the statute of limitations, for the consideration of the Court. Neither the Judge, at the time, nor the par-, ties, could then have considered the facts on that point as doubtful, and as necessary to be passed on by the jury.
James O. Morse, a…
2Cited by13 opinions
- Scheuer v. ScheuerNew York Court of Appeals · 1955
- Erbe v. Lincoln Rochester Trust Co.Appellate Division of the Supreme Court of the State of New York · 1961
- Locke v. PembrokeNew York Court of Appeals · 1939
- Williams v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1848
- Nelson v. PettersonIllinois Supreme Court · 1907
8 more not listed; retrieve them via the Exa API.