Legal Opinion

Barker v. Coleman

Supreme Court of Alabama

Decided June 15, 1859PublishedCited by 20 opinions

Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. This action was brought by Stephen B. Barker, against F. P. Coleman, to recover damages for a breach of warranty of the soundness of a slave named Iienry, who was sold by the defendant to the plaintiff, in November,'1857, at the price of $1,000. On the trial, as appears from the bill of exceptions, the plaintiff read in evidence his bill of sale tor the slave, which was in the usual form, and contained…

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Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. This action was brought by Stephen B. Barker, against F. P. Coleman, to recover damages for a breach of warranty of the soundness of a slave named Iienry, who was sold by the defendant to the plaintiff, in November,'1857, at the price of $1,000. On the trial, as appears from the bill of exceptions, the plaintiff read in evidence his bill of sale tor the slave, which was in the usual form, and contained an express warranty of soundness; and then offered to prove by one John Dennis, “that he (witness) was one of the…

1Opinion of the CourtA. J. 'Walker, C. J.

Of the exceptions to the-rulings of the court below, there are several to the exclusion of evidence offered by the plaintiff for the purpose of showing the acts and declarations of third persons, not transpiring in the presence, or with the knowledge of the defendant. Those rulings of the court were manifestly correct.

*225[2.] There was no error in the rejection of evidence of the slave’s declarations, as to what had been the matter with him at a previous time. The proposed declarations were neither made to a physician, nor descriptive of the symptoms and nature of the disease under which he was…

2Cases cited2 opinions

  1. Perminter v. KellySupreme Court of Alabama · 1851
  2. Milton v. RowlandSupreme Court of Alabama · 1847

3Cited by20 opinions

  1. Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
  2. South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
  3. Louisville, New Albany & Chicago Railway Co. v. WoodIndiana Supreme Court · 1887
  4. Yahn v. City of OttumwaSupreme Court of Iowa · 1883
  5. Carney v. StateSupreme Court of Alabama · 1885

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