Tatum v. Mohr
Supreme Court of Arkansas
Appeal from Union Circuit Court. Hon.- Shelton Watson, Circuit Judge. contended that there was no proof that Henry was unsound at the time of the exchange; and if there was any proof that he -was unsound after-wards, no unsoundness was proved within the rule. 1 Par. on Con. 473. The opinions of physicians are usually received in evidence, but such opinions are not to be received implicitly in all cases, (Cowen Sf Hills notes to Ph.
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Appeal from Union Circuit Court. Hon.- Shelton Watson, Circuit Judge. contended that there was no proof that Henry was unsound at the time of the exchange; and if there was any proof that he -was unsound after-wards, no unsoundness was proved within the rule. 1 Par. on Con. 473. The opinions of physicians are usually received in evidence, but such opinions are not to be received implicitly in all cases, (Cowen Sf Hills notes to Ph. Ev. part 1, 762); and the instruction that their opinions was good evidence, and as such the jury should consider them in this suit, was erroneous. The case turned…
1Opinion of the CourtChief Justice English
This was an action of assumpsit brought by Mohr against Tatum, in the Union Circuit Court, for breach of a contract warranting a slave to be sound.
The substance of the contract, as alleged in the declaration, is that on the 28th of January, 1856, the parties made an exchange of slaves. That plaintiff gave the defendant a slave named Alfred worth $1200, for a slave of defendant, named Henry, valued, at $900, and his note for $300, and that defendant warranted Henry to be sound in body and mind, but that he proved to be unsound and worthless, and that plaintiff was subjected to certain expenses…
2Cases cited3 opinions
- Yarbrough v. ArnoldSupreme Court of Arkansas · 1859
- McLure v. HartSupreme Court of Arkansas · 1857
- Brock v. SaxtonSupreme Court of Arkansas · 1844
3Cited by8 opinions
- Goodwin v. StateIndiana Supreme Court · 1883
- Burgess v. FelixSupreme Court of Oklahoma · 1914
- Sanders v. StateIndiana Supreme Court · 1884
- Home Indemnity Co. of N.Y. v. JelksSupreme Court of Arkansas · 1933
- Great Republic Life Insurance v. LankfordSupreme Court of Arkansas · 1939
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