Gottschalk v. De La Rosa
Supreme Court of Louisiana
APPEAL PROM THE COtJRT OP THE FIRST JUDICIAL DISTRICT. The plaintiff sold to the defendant for five hundred and sixty dollars, a female slave with a child, by public auction, on the 11th of May, 1832. The terms of payment were the purchaser’s note payable in six months, with a satisfactory endorser. The slaves were delivered to the defendant, who refused to comply with the conditions of the sale. Judgment was prayed for the amount of the purchase money.
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APPEAL PROM THE COtJRT OP THE FIRST JUDICIAL DISTRICT. The plaintiff sold to the defendant for five hundred and sixty dollars, a female slave with a child, by public auction, on the 11th of May, 1832. The terms of payment were the purchaser’s note payable in six months, with a satisfactory endorser. The slaves were delivered to the defendant, who refused to comply with the conditions of the sale. Judgment was prayed for the amount of the purchase money. There was, also, a prayer for all other .and further relief, which the nature of the case and equity required. The defendant averred, that he…
1Opinion of the CourtMathews, J.
In this suit the price of a mulatto worn an and her child is claimed from the defendant, as purchaser at a sale by auction. The conditions of the sale was that a note should be given, satisfactorily endorsed, payable six months after date. This condition, it is alleged, the defendant refused to comply with, and the immediate payment of the price, was claimed in the present action, &c.
The defendant pleads, as a defence against the recovery of the price, freedom of the persons sold; and that they had been introduced into the state contrary to the acts of the *221legislature, as they then existed,…
2Cited by4 opinions
- Newman v. Fidelity Mutual Insurance Co.Louisiana Court of Appeal · 1956
- Le Goaster v. Lafon AsylumSupreme Court of Louisiana · 1925
- Richard v. Kansas City So. Ry. Co.Louisiana Court of Appeal · 1951
- Carson v. DwightSupreme Court of Louisiana · 1843