Cobb v. . Fogalman
Supreme Court of North Carolina
' This was an action of deceit, tried before his Honor Judge Pearson, at the Spring Term, 1841, of Guilford Superior Court. Plea, The general issue.” The fraud complained of, was alleged to have been committed in the sale of a female slave, named Sally, who, at the time of the sale, labored under cancer or other disease of the womb, which was cealed by defendant.
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' This was an action of deceit, tried before his Honor Judge Pearson, at the Spring Term, 1841, of Guilford Superior Court. Plea, The general issue.” The fraud complained of, was alleged to have been committed in the sale of a female slave, named Sally, who, at the time of the sale, labored under cancer or other disease of the womb, which was cealed by defendant. The plaintiff produced a bill oí sale in the hand-writing of the defendant, executed by the defendant to him, for the saidslave, and her daughter Hannah, about four years old, dated June 11th, 1838, containing a warranty of title,…
1Opinion of the CourtGaston, J.
The case made for the consideration of this Court, sets forth the evidence given on the trial, and the Judge’s instructions to the jury, with respect-to the application of that evidence to the decision of the issue, which they were impanjielled to try. It doesnot state any specific instructions prayed, or exceptions to those instructions taken, by either party, and we have therefore no other means of ascertaining whether the law was correctly administered, than by a comparison of the evidence with the instructions.
With the positions of law laid down by his Honor, as abstract positions, no…
2Cited by19 opinions
- Byrd v. Express Co.Supreme Court of North Carolina · 1905
- State v. . PrinceSupreme Court of North Carolina · 1921
- State v. . BlackwelderSupreme Court of North Carolina · 1921
- Henderson v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1912
- State v. . McLeodSupreme Court of North Carolina · 1929
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