Dennis v. Ashley's Administrators
Supreme Court of Missouri
ERROR to Andrew Circuit Court. STATEMENT OP THE CASE. This was an action brought in the Andrew circuit court, in March, 1849, by Thomas Dennis against Ephraim Myers and Oswald Roberts as administrators of the estate of Allen Ashley, deceased.
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ERROR to Andrew Circuit Court. STATEMENT OP THE CASE. This was an action brought in the Andrew circuit court, in March, 1849, by Thomas Dennis against Ephraim Myers and Oswald Roberts as administrators of the estate of Allen Ashley, deceased. The declaration states, that in August, 1847, the said Ashley sold to Dennis, the plaintiff, a certain negro slave named Harriet for the price of $410, which said slave was by said Ashley, upon said sale, warranted to be sound in body and mind, and a slave for life. The declaration then charges that the said slave was, at the time of said sale and…
1Opinion of the CourtRyland, J.
The question in this case, as will he seen by the above statement, involves the authority of the agent to bind his principal by a warranty of soundness in the sale of a personal chattel. The instructions refused on the part of the plaintiff, and those given for the defendants in the court below, all rest upon this authority. It is a branch of the law on which many adjudications have been made, and which has also employed the labor and learning of elementary writers. The decisions are not uniform; and distinctions have been taken which are not supported in reason, and are destitute of the…
2Cases cited7 opinions
- Sandford v. HandyNew York Supreme Court · 1840
- Clap v. CofranMassachusetts Supreme Judicial Court · 1810
- Nixon v. HyserottNew York Supreme Court · 1809
- Skinner v. GunnSupreme Court of Alabama · 1839
- St. John v. RedmondSupreme Court of Alabama · 1839
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- International Harvester Co. v. LawyerSupreme Court of Oklahoma · 1916