Armstrong v. Mooney
Supreme Court of Louisiana
Action before the Parish Court of New Orleans, Maurian, J. The plaintiff prayed for the rescission of the sale of a slave, and for the repayment, with interest, of six hundred dollars, the price which he had paid the defendant, and for one hundred dollars damages. The defendant pleaded a general denial, and the want of tender.
Read the full summary
Action before the Parish Court of New Orleans, Maurian, J. The plaintiff prayed for the rescission of the sale of a slave, and for the repayment, with interest, of six hundred dollars, the price which he had paid the defendant, and for one hundred dollars damages. The defendant pleaded a general denial, and the want of tender. The vendor warranted the slave, ‘ free from the vices and maladies prescribed by law.’ On the trial, Lambert, a physician, testified that the slave had been afflicted with a chronic inflammation of the neck of the uterus, which appeared to have existed four or five…
1Opinion of the CourtMartin, J.
The defendant is appellant from a judgment in a redhibitory action, and has built his hope of relief at our hands, on an allegation of the absence of any proof of the tender of the slave before the action was brought. The record shows that Preaux deposed, that when the plaintiff came to his office to institute this suit, he instructed him to make a tender of the slave to the defendant; that afterwards, they met the defendant and made him a tender of the slave, which he refused to take back, saying, sue me if you think yourself right.
This case is not to be distinguished from that of Bowman v.…
2Cases cited1 opinion
- Bowman v. WareSupreme Court of Louisiana · 1841
3Cited by2 opinions
- The Joseph, Sargent, MasterSupreme Court of the United States · 1814
- The Alexander, Picket, MasterSupreme Court of the United States · 1814