Chancellor v. Wiggins

Judge Marshall

delivered the opinion of the Court.

This action of assumpsit was brought upon the implied warranty of title in the sale of two negroes as slaves, who afterwards recovered their freedom. The declaration in the first count, alledges the promise to be, that the defendant had good title to, and lawful right to sell said negroes, and in two other counts, goes for so much money paid, &c. and for money had and received. But as the negroes were acquired by exchange, the two money counts were not sustained by the evidence; and the only question is, whether, as the suit was commenced more…