Curry v. Lackey
Supreme Court of Missouri
Error to Cole Circuit Court. The plaintiff asked the following instructions, to wit: “If the jury believe from the evidence, that on or about the 14th day of September, 1858, plaintiff sold defendant a slave named Ned for $1,000, and that plaintiff and defendant there agreed that the defendant should discharge and pay same amount or part thereof by the sale and delivery to plaintiff of another slave named Aaron, alias Rock, and that the value of the last named slave was to…
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Error to Cole Circuit Court. The plaintiff asked the following instructions, to wit: “If the jury believe from the evidence, that on or about the 14th day of September, 1858, plaintiff sold defendant a slave named Ned for $1,000, and that plaintiff and defendant there agreed that the defendant should discharge and pay same amount or part thereof by the sale and delivery to plaintiff of another slave named Aaron, alias Rock, and that the value of the last named slave was to be fixed by J. B. Gardenhire, and that the defendant promised and agreed to make up any difference that might be fixed…
1Opinion of the CourtDryden, Judge
A demurrer to a petition confesses the truth of all the allegations of- the petition which are well pleaded, but denies the legal conclusion the plaintiff would deduce from them. In determining the sufficiency of the petition in such case, the averments contained in it'can alone be considered. Nothing beyond can be looked to. ’ This reference to the scope and operation of a demurrer, is induced by the course of argument pursued by the counsel in the case at bar.
It appears from the petition that there was a mutual sale or an exchange of slaves between the plaintiff and defendant, the value of…
2Cases cited1 opinion
- Garred v. Macey & DoniphanSupreme Court of Missouri · 1846
3Cited by16 opinions
- California Annual Conference of the Methodist Episcopal Church v. SeitzCalifornia Supreme Court · 1887
- Hubbard v. SlavensSupreme Court of Missouri · 1909
- Norton v. GaleIllinois Supreme Court · 1880
- Pomeroy v. FullertonSupreme Court of Missouri · 1893
- State Ex Rel. Siegel v. GrimmSupreme Court of Missouri · 1926
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