Hubby v. Stokes
Texas Supreme Court
Appeal from Bell. Tried below before tbe Hon. N. W. Battle. This suit was instituted in the court below, by Stokes, against the appellant, Hubby, for a fraud in the sale of a negro girl. The petition alleged the purchase, at the price of $400; that the defendant knowingly and falsely represented the negro girl to be sound and healthy, in body and mind, when in truth she was diseased, and unsound, in both of these particulars, and totally valueless.
Read the full summary
Appeal from Bell. Tried below before tbe Hon. N. W. Battle. This suit was instituted in the court below, by Stokes, against the appellant, Hubby, for a fraud in the sale of a negro girl. The petition alleged the purchase, at the price of $400; that the defendant knowingly and falsely represented the negro girl to be sound and healthy, in body and mind, when in truth she was diseased, and unsound, in both of these particulars, and totally valueless. It charged that the diseased state of her body, of which she died in a few months, occasioned plaintiff to expend large sums of money for…
1Opinion of the Court
Wheeler, Ch. J.
It is unnecessary to remark upon the statements of the defendant’s witnesses, who testified as to the health of the negro, when they owned her. It will suffice to say, that, in so far as it tended to show that the negro was sound, or in good health, at the time of the sale by the defendant to the plaintiff, it was contradicted by the testimony of so •many witnesses, male and female, who speak positively to facts about which they could not be mistaken, as seem to render it quite impossible to credit the apparently counter-statements of these two witnesses. It is evident the jury…
2Cited by11 opinions
- Briggs v. RodriguezCourt of Appeals of Texas · 1951
- Dennis v. Dial Finance & Thrift CompanyTexas Supreme Court · 1966
- Galveston, H. & S. A. R. R. Co. v. DelahuntyTexas Supreme Court · 1880
- Cook v. WoottersTexas Supreme Court · 1874
- Ft. Worth & D. C. Ry. Co. v. LynchCourt of Appeals of Texas · 1911
6 more not listed; retrieve them via the Exa API.