Drumright v. Philpot
Supreme Court of Georgia
Covenant, in Troup Superior Court. Tried before Judge-Warner, May Term, 1854. This was an action of covenant, for a breach of warranty, in the sale of three negroes — Becky and her two children, Robert and Ellen — brought by Philpot, against William Drum-right, George Nixon and John A. Gough. Drumright, alone, was served, who filed the plea of “non est factum” to the bill of sale, the foundation of the action.
Read the full summary
Covenant, in Troup Superior Court. Tried before Judge-Warner, May Term, 1854. This was an action of covenant, for a breach of warranty, in the sale of three negroes — Becky and her two children, Robert and Ellen — brought by Philpot, against William Drum-right, George Nixon and John A. Gough. Drumright, alone, was served, who filed the plea of “non est factum” to the bill of sale, the foundation of the action. On the trial, plaintiff offered in evidence the testimony of John F. Moreland and David A. Philpot, taken by interrogatories. Moreland testified, that “he was a physician — called in…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The defendant in error declared against the plaintiff, in-*427the Superior Court of Troup County, for the breach of a warranty of soundness contained in a 'bill of sale, by which William Drumright & George Nixon, and John A. Gough, in consideration of Twelve Hundred and Fifty Dollars, transferred five negroes — Becky and her two children, Ellen and Robert, and Yina and her infant child, to the plaintiff; the right and title, as well as the soundness of the r said slaves, being warranted, under the hands and seals of- the parties. The bill of…
2Cases cited9 opinions
- Smith v. CrookerMassachusetts Supreme Judicial Court · 1809
- Rogers v. KneelandNew York Supreme Court · 1833
- Woolley v. ConstantNew York Supreme Court · 1809
- Deckard v. CaseSupreme Court of Pennsylvania · 1836
- Gram v. SetonThe Superior Court of New York City · 1828
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Dunbar v. Farnum WifeSupreme Court of Vermont · 1937
- Merchants & Farmers Bank v. JohnstonSupreme Court of Georgia · 1908
- Strong v. WestSupreme Court of Georgia · 1900
- United Leather Co. v. ProudfitSupreme Court of Georgia · 1921
- See v. NorrisMassachusetts Supreme Judicial Court · 1920
16 more not listed; retrieve them via the Exa API.