Ricks v. Dillahunty
Supreme Court of Alabama
Error to the Circuit court of Lauderdale. Debt, on anote given for the hire of negroes, tried before Lane, J. The plaintiff in error, declared in debt against the defendant in the Circuit court of Lauderdale, on a writing, of which the following is a copy : “ f348. On or before the first day of January next,' we, or either of us, promise to pay Abraham Ricks, administrator of Isaac Ricks, the just and full sum of three hundred and forty eight dollars, for the hire of three…
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Error to the Circuit court of Lauderdale. Debt, on anote given for the hire of negroes, tried before Lane, J. The plaintiff in error, declared in debt against the defendant in the Circuit court of Lauderdale, on a writing, of which the following is a copy : “ f348. On or before the first day of January next,' we, or either of us, promise to pay Abraham Ricks, administrator of Isaac Ricks, the just and full sum of three hundred and forty eight dollars, for the hire of three negro men; namely, Dick Lockhart, Willis and Godfrey. Witness our hands and seals, this the 13th day of February, 1834.…
1Opinion of the CourtCollier, C. J.
— The' charge given in this case, and that refused, present the question — Whether the unsoundness or worthlessness of a personal chattel at the tíme of its *137sale, constitute a defence to an action brought for the recovery of the purchase money ?
1 It is understood that the seller of personal chattels impliedly stipulates that the article sold is his own, and that he will indemnify the buyer for the loss, if the title is in another person—(3 Bla. Com. 166; Stuart vs. Wilkins, Doug. R. 18; Furnis vs. Leicester, Cro. Jac. 474; Crosse vs. Gardner, Carth. Rep. 90; Macbee's adm'r vs. Gard ner, 2…
2Cases cited2 opinions
- Bradford v. ManlyMassachusetts Supreme Judicial Court · 1816
- Jackson v. WetherillSupreme Court of Pennsylvania · 1822
3Cited by13 opinions
- Munroe v. PritchettSupreme Court of Alabama · 1849
- Magee v. BillingsleySupreme Court of Alabama · 1842
- Sealy v. McElroySupreme Court of Alabama · 1972
- Burns v. Hamilton's Adm'rSupreme Court of Alabama · 1858
- Terry v. BissellSupreme Court of Connecticut · 1857
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