Decuir v. Packwood
Supreme Court of Louisiana
Appeal from the court of the parish and city of New-Orleans. The plaintiff, claimed the payment of a crop of sugar, sold and delivered to the defendant. The answer admitted the sale and delivery, but stated that, after the shipment of the crop, it was discovered, that the sugar was of an inferior quality, and different from what it had been represented to be : wherefore the defendant claimed an abatement.
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Appeal from the court of the parish and city of New-Orleans. The plaintiff, claimed the payment of a crop of sugar, sold and delivered to the defendant. The answer admitted the sale and delivery, but stated that, after the shipment of the crop, it was discovered, that the sugar was of an inferior quality, and different from what it had been represented to be : wherefore the defendant claimed an abatement. Before the trial in the parish court the defendant prayed for a commission, for the examination of witnesses in Savannah, in order to have the sugar viewed and its quality ascertained. He…
1Opinion of the CourtDerbigny, J.
The commission, we think, was rightfully refused. Supposing that the proof of the inferior quality of the sugar could avail the defendant any thing, its quality at the time of delivery was to he shown, not the condition in Which it might be, after remaining in the possession of the defendant, and travelling over the seas. But, it is evident, that such proof could not be received, or that, if received, it could not avail the defendant.
This leads us into an examination of the merits.
*306One only question here seems to be worth inquiring into. Was or was not the defendant induced by false…
2Cited by1 opinion
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