Carter v. Cooper
Supreme Court of Louisiana
Easter» Dis. APPEAL PROM THE PARISH COURT POR THE PARISH AND CITY OP REW-OREEAITS. This was an action, brought by the vendee of a slave, warranted free from the vices and maladies prescribed by law, to recover the purchase money, on the ground that the slave was at the time of sale, afflicted with chronic diarrhoea. The plaintiff had judgment, and the defendant appealed.
1Opinion of the CourtMaktijv, J.
delivered the opinion of the court. •
The plaintiff claims the return of the price of a slave sold to him by the defendant, on account of her being at the time of the sale, in the knowledge of the latter, afflicted with a chronic diarrhoea, of which she afterwards died, and of her being so much addicted to drunkenness, that the plaintiff would not have purchased her if he had known it.
The general issue was pleaded; there was a verdict and judgment for the plaintiff, and the defendant appealed, without having made any attempt to obtain a new trial.
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2Cited by2 opinions
- Hogan v. NicholsonSupreme Court of Louisiana · 1844
- Hughes v. LeeSupreme Court of Louisiana · 1843