Legal Opinion

Fenwick v. Grimes

U.S. Circuit Court for the District of District of Columbia

Decided March 15, 1838PublishedCited by 5 opinions

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…

1Opinion of the CourtCranch, C. J.

In the case of Price v. Read, (2 Har. & G. 291,) from which this declaration was drawn, there was no question made as to the validity of the couhts in that declaration; nor did the counsel for the defendant argue the case before the court of appeals; and therefore the case is of little weight upon that question.

The substance of the first count is, that the plaintiff was induced to sell the slave for less than her value, by the defendant’s agreement that she should not be removed from the District of Columbia ; yet the defendant sold her to a negro-trader, living in the district, by means…

2Cited by5 opinions

  1. Patterson v. WrightWisconsin Supreme Court · 1885
  2. A. Landreth Co. v. SchevenelTennessee Supreme Court · 1899
  3. Bolan v. CaballeroTennessee Supreme Court · 1967
  4. Sheldon v. DavidsonWisconsin Supreme Court · 1893
  5. Witt v. CuenodNew Mexico Supreme Court · 1897

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