Morehead v. Gayle
Supreme Court of Alabama
This was assumpsit, in Greene Circuit court, to recover the amount of a promissory note:, and was brought by the plaintiff iri error, as endorsee of one Shackleford, The note had been given for the price of a slave, who died eight days after the sale.— Shackleford, in consideration of the note, executed to the defendant a bill of sale, with warranty ; and the present action was defended on the ground of the unsoundness of the slave, at the time of the sale.
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This was assumpsit, in Greene Circuit court, to recover the amount of a promissory note:, and was brought by the plaintiff iri error, as endorsee of one Shackleford, The note had been given for the price of a slave, who died eight days after the sale.— Shackleford, in consideration of the note, executed to the defendant a bill of sale, with warranty ; and the present action was defended on the ground of the unsoundness of the slave, at the time of the sale. It was in proof, that the slave was placed on the plantation of the defendant;' and that the latter was out of the county, until after…
1Opinion of the CourtSaffold, J.
The action was assumpsit on a pro-. missory note, given by the defendant in error, who was also defendant below, for the price of a negro slave, sold to him by one R. D. Shackleford, who subsequently transferred the note, by endorsement, to the plaintiff.
Issue was joined between the parties, on the pleas of non-assumpsit, want of, ■ and failure of con sideration; and fraud.
A bill of exceptions shews, that the vendor, at the time of the sale, executed a bill of sale, containing an absolute warranty of the soundness of the slave; that on the second day after the sale, the overseer of the…
2Cases cited5 opinions
- Thornton v. WynnSupreme Court of the United States · 1827
- Spalding v. VandercookNew York Supreme Court · 1829
- Beecker & Beecker v. VroomanNew York Supreme Court · 1816
- Sill v. RoodNew York Supreme Court · 1818
- McMillion v. PiggSupreme Court of Alabama · 1830
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- Denney v. J. B. Colt Co.Supreme Court of Alabama · 1923