Fenwick v. Grimes
U.S. Circuit Court for the District of District of Columbia
This was an action upon the case for deceit, by the purchaser of a female slave, by which the vendor was induced to sell her for less than the market price.
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This was an action upon the case for deceit, by the purchaser of a female slave, by which the vendor was induced to sell her for less than the market price. The declaration contained two counts. 1. The first count stated, that in conversation between the plaintiff and defendant concerning the purchase of the plaintiff’s slave Henny, it was agreed between the plaintiff and defendant that she should not be removed out of this District of Columbia, nor sold to any person to be transported out of the said district, but that she should live, as a slave, in this district, so as to be near and…
1Concurrence
Morsell, J.,
concurred.
Mr. Brent then moved to amend the verdict so as to make it applicable to the second count only ; and cited Bernard v. Whit*443ing, 7 Mass. Rep. 358; 2 Tidd, 770; Williams v. Breedon, 1 B.&P. 329.
Mr. Key, contrá. In the case of Williams v. Breedon, (1 B. & P. 329,) there was a certificate of the judge that the jury gave their verdict for damages upon evidence applicable only to the good count; and therefore the Court had a right to alter the verdict, which was general, so as to apply it only to the good count, and to enter a verdict for the defendant upon the other count. But…
2Cases cited3 opinions
- Barnard v. WhitingMassachusetts Supreme Judicial Court · 1811
- Stevenson v. HaydenMassachusetts Supreme Judicial Court · 1807
- Sherburne v. SemmesU.S. Circuit Court for the District of District of Columbia · 1824