McKinney v. Fort
Texas Supreme Court
Appeal from Bowie. The plaintiff, McKinney, in December, 1846, purchased from Fort, the defendant, for thirteen thousand pounds of ginned cotton, which he delivered, a negro man named Washington, who died iu the following month of May. This action was brought for the recovery of the purchase-money or the value of tho consideration,bn the ground substantially that the slave was unsound at the time of the sale.
Read the full summary
Appeal from Bowie. The plaintiff, McKinney, in December, 1846, purchased from Fort, the defendant, for thirteen thousand pounds of ginned cotton, which he delivered, a negro man named Washington, who died iu the following month of May. This action was brought for the recovery of the purchase-money or the value of tho consideration,bn the ground substantially that the slave was unsound at the time of the sale. Tho petition contained several counts, one of which was ¡is follows : “And tiie said McKinney further states that in consideration that yonr petitioner would deliver tiie said Fort other…
1Opinion of the Court
Hemphill, Ch. J.
Various grounds have been assigned for error; hut, as preliminary to a discussion of the points presented by the appellant, I will comment briefly on a position assumed by the appellee, viz : That, admitting the errors as charged in the rulings of the court, yet the verdict should stand, there being no evidence that the negro died of any infirmity existing at the time of the sale. Upon this point the proof is not satisfactory. There was evidence that some years previous to the sale the boy had been affected with the dropsy, of which he had been cured, although there was…
2Cited by17 opinions
- Tucker v. SmithTexas Supreme Court · 1887
- Good v. CoombsTexas Supreme Court · 1866
- Edrington v. NewlandTexas Supreme Court · 1882
- Castleman v. SherryTexas Supreme Court · 1874
- Rhynas v. KeckSupreme Court of Iowa · 1917
12 more not listed; retrieve them via the Exa API.