Kelly v. Cunningham
Supreme Court of Alabama
Appeal from tho Circuit Court of Randolph. Tried before the Hon. Nat. Cook. This action was brought by Lewis Cunningham, against Christopher Kelly, to recover damages for a breach of warranty of the soundness of a slave, named George, who was sold by defendant to plaintiff in January, 1854. The defendant pleaded, in short by consent — “ 1st, non assumpsit; 2d, want of consideration in the warranty; and, 3d, failure of consideration .in the warranty.”
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Appeal from tho Circuit Court of Randolph. Tried before the Hon. Nat. Cook. This action was brought by Lewis Cunningham, against Christopher Kelly, to recover damages for a breach of warranty of the soundness of a slave, named George, who was sold by defendant to plaintiff in January, 1854. The defendant pleaded, in short by consent — “ 1st, non assumpsit; 2d, want of consideration in the warranty; and, 3d, failure of consideration .in the warranty.” On the trial, as appears from the bill of exceptions, the plaintiff introduced one Brown as a witness, who testified, “ that he had known the…
1Opinion of the Court
A. J. WALKER, O. J.
“Whenever the bodily cr mental feelings of an individual are, material tobe .proved, the usual expressions of such feelings, made at the time in question, are original evidence. So, also, the representations by a sick person, of the nature, symptoms and effects of the malady under which he is laboring at the time, are received as original evidence.” — Rowland v. Walker, 18 Ala. 749; Eckles & Brown v. Bates, 26 ib. 655; Phillips v. Kelly, 29 ib. 628; Holloway v. Cotten, 33 ib. 529; *80Blackman v. Johnson, 35 ib. 252. These declarations aro admitted, to the extent indicated, on…
2Cases cited2 opinions
- Garrett v. LoganSupreme Court of Alabama · 1851
- Rowland v. WalkerSupreme Court of Alabama · 1851
3Cited by2 opinions
- Culver v. HillSupreme Court of Alabama · 1880
- Stein v. StateSupreme Court of Alabama · 1861