Turner & Renshaw v. Wheaton
Supreme Court of Louisiana
APPEAL FROM fff.E .COUjRT OF THE FIRST JUDICIAL DISTRICT. This is an action against the maker and endorser of a promissory note for $228 75, and interest. Wheaton, the maker of the note. admits his signature, hut .avers it was given in part and for the price of a slave which he purchased from the plaintiffs for the sum of $610. He further states that he paid part cash and gave his two notes, (the first of which is now sued on) for the price.
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APPEAL FROM fff.E .COUjRT OF THE FIRST JUDICIAL DISTRICT. This is an action against the maker and endorser of a promissory note for $228 75, and interest. Wheaton, the maker of the note. admits his signature, hut .avers it was given in part and for the price of a slave which he purchased from the plaintiffs for the sum of $610. He further states that he paid part cash and gave his two notes, (the first of which is now sued on) for the price. That at the time he purchased said slave she was a thief and runaway, which was known to plaintiffs and withheld from him; and-that she is worthless and…
1Opinion of the CourtMorphy, J.
The defendants being sued as the drawer and endorser of a note of hand; Wheaton, the drawer, pleaded in answer and reconvention that the note had been given by him in part payment of the price of a negro woman purchased of plaintiffs. That the slave was a notorious thief and runaway, to the knowledge of the vendors, who concealed the fact, instead of declaring it, as they were bound tp do.' There was a judg*39ment below rescinding the sale and decreeing the reimbursement of such part of the price as had been paid.
Tine exclusion of warranty in a sale, does not absolve a vendor from the obligation…
2Cited by4 opinions
- Roby Motors Co. v. PriceLouisiana Court of Appeal · 1937
- Faulk v. HoughSupreme Court of Louisiana · 1859
- Ogden v. MichelSupreme Court of Louisiana · 1843
- Gullett Gin Co. v. Varnado Gin Co.Louisiana Court of Appeal · 1928