Harvey v. Kendall
Supreme Court of Louisiana
APPEAL from-the First District idourt of Nn.w Orleans, McHenry, J. The facts pf this case are seated in -the opinion infra,. contended thattfie point-,to bedocided,ina(?ase like this, is not .whether the disease was or .not possibly .curable, but whether or not it .existed ,at .the time of the sale, and was of such'a nature as is contemplated by .art. 249G ,of thefii-v. Code.
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APPEAL from-the First District idourt of Nn.w Orleans, McHenry, J. The facts pf this case are seated in -the opinion infra,. contended thattfie point-,to bedocided,ina(?ase like this, is not .whether the disease was or .not possibly .curable, but whether or not it .existed ,at .the time of the sale, and was of such'a nature as is contemplated by .art. 249G ,of thefii-v. Code. The old Code required that .the inhibitory disease should be in its nature incurable; ¡but w.e .are now governed by a more practical .ppd rational rule. 7 La. 519. cited Senrpurn v. Bosquet, 15 La. 511; Kipcrv. Hutall.,i…
1Opinion of the Court
The judgment of ¡the,court was pronounced by
King, J.*
This action is instituted to recover theprice¡paid by the plaintiff ¡for a -slave., who is charged to have died of a redhibitory disease with which he was affected prior to, .and a.t the date .of, the sale. A further .sum is also .claimed for expenses incurred for the ¡preservation of th® slave, for,an autopsy, .and for th® Interment. There was a judgment .against .the defendant Kendall, ,fro,m which he has appealed.
The evidence shows that the slave in question remained in .the possession of ,th® plaintiff,fo.r seventy-one days after the…
2Cited by9 opinions
- Alexander v. Burroughs Corp.Supreme Court of Louisiana · 1978
- Caffey v. Alabama MacHinery & Supply Co.Alabama Court of Appeals · 1922
- Smith v. Max Thieme Chevrolet Company, Inc.Louisiana Court of Appeal · 1975
- Perrin v. Read Imports, Inc.Louisiana Court of Appeal · 1978
- Purvis v. Statewide Trailer Sales, Inc.Louisiana Court of Appeal · 1976
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