Legal Opinion

Hitchcock v. Harris

Supreme Court of Louisiana

Decided May 15, 1830PublishedCited by 5 opinions

Appeal from the court of the first district. This suit was brought to recover back the price of two slaves, purchased with twelve others, by the plaintiff from the defendant, and which the petition alleged were unsound at the time of the sale, to the knowledge of the defendant.

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Appeal from the court of the first district. This suit was brought to recover back the price of two slaves, purchased with twelve others, by the plaintiff from the defendant, and which the petition alleged were unsound at the time of the sale, to the knowledge of the defendant. The general issue was pleaded, and on the trial of the cause the plaintiff offered in evidence, as a sale of the slaves, a receipt of the defendant for the price, and containing a pro-m5se to warrant and defend the title, and offered a witness to prove the hand writing of the defendant. To the introduction of this…

1Opinion of the CourtMartin, J.

The plaintiff seeks to recover the price of two slaves, sold to him by the defendant, and damages, on an allegation, that at the time of the sale, they were, in the knowledge of the defendant, absolutely unsound, and of no value; laboring under a pulmonary disease, from which they since died. The general issue was pleaded. The plaintiffhad judgment and the defendant appealed.

His counsel has called our attention to a bill of exceptions taken to the opinion of the court, who admitted in evidence an instrument of writing, offered as a bill of sale, and *314received parol proof of the defendant s…

2Cited by5 opinions

  1. Guice v. MasonSupreme Court of Louisiana · 1924
  2. Bordelon v. CrabtreeSupreme Court of Louisiana · 1949
  3. Caire v. SullivanLouisiana Court of Appeal · 1964
  4. Barrett v. CreditorsSupreme Court of Louisiana · 1846
  5. Lepine v. MarreroLouisiana Court of Appeal · 1906

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