Manes v. Kenyon
Supreme Court of Georgia
Motion, in Talbot Superior Court. Decision by Judge Perkins, March Term, 1855. Benjamin Manes sold a negro woman, Mary, to Solomon H. Kenyon, and by his written bill of sale, warranted the negro to be “ sound in body and mind, except some deficiency about her feet or ankles.”
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Motion, in Talbot Superior Court. Decision by Judge Perkins, March Term, 1855. Benjamin Manes sold a negro woman, Mary, to Solomon H. Kenyon, and by his written bill of sale, warranted the negro to be “ sound in body and mind, except some deficiency about her feet or ankles.” Kenyon brought an action for deceit against Manes, for false representations as to the soundness of the negro, alleging, that from some disease of the feet and ankles, she was utterly worthless, which was well known to Manes. On the trial, it appeared that the negro was not .present when the sale was made, and that Manes…
1Opinion of the Court
*292 By the Court.
Benning, J.
delivering the opinion.
[1.] In the case of Chandelor vs. Lapus, error was “ brought in the Exchequer Chamber, because the declaration” contained “not matter sufficient to charge the defendant, viz : that he warranted it to he a hezoar-stone, or that he Itneio that it was not a hezoar-stone.”
“ And all the Justices and Barons, (besides Anderson) held, that for this cause it was error.” (1. Smith’s Lead. Cases, 77.)
This decision has been repeatedly affirmed; as far as I know, it has never, in England, been departed from.
See Smith’s note to Chandelor vs. Lapus. Of the…
2Cited by4 opinions
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- Brooke v. ColeSupreme Court of Georgia · 1899
- Cooley v. King & Co.Supreme Court of Georgia · 1901
- Wootten & Goolsby v. CallahanSupreme Court of Georgia · 1858