McCoy v. Martin
Court of Appeals of Kentucky
Covenant. From the Circuit Court for Fayette County. The action. The declaration. Plea, ,&c. Verdict &c. and questions for decision, A deeisiqn refusing a new trial," moved on the ground that the verdict was contrary to evidence, willnotbe reversed, _ unloss the verdict was very clearly vyrqnj*. Tim plea to an action of covenant upon a warranty of soundness, should traverse the existence of the unsoundness or defect charged as constituting the’ breach.
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Covenant. From the Circuit Court for Fayette County. The action. The declaration. Plea, ,&c. Verdict &c. and questions for decision, A deeisiqn refusing a new trial," moved on the ground that the verdict was contrary to evidence, willnotbe reversed, _ unloss the verdict was very clearly vyrqnj*. Tim plea to an action of covenant upon a warranty of soundness, should traverse the existence of the unsoundness or defect charged as constituting the’ breach. Moninjregit, or covenants porforme4 is not the proper plea: though, after verdict, by the help of the statutes of jeofails, it may do. The…
1Opinion of the Court
Judge Ewing
delivered the opinion of the Court
Neal McCoy brought an action of covenant against Richard Martin, for a breach of covenant contained in a bill of sale for a slave, sold by Martin to McCoy, warranting the soundness of the slave.
The declaration, after setting out the usual declaratory statement, concludes as follows:—
“And the said plaintiff in fact avers that, at the time of *581the said sale and delivery of said slave, by the said defendant, to said plaintiff, and of the warranty aforesaid, the said slave was not sound, but on the contrary, was then and there unsound, being greatly…
2Cited by7 opinions
- Louisville & Interurban Railroad v. RoemmeleCourt of Appeals of Kentucky · 1914
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. GoodeCourt of Appeals of Kentucky · 1916
- Denker Transfer Co. v. PughCourt of Appeals of Kentucky · 1915
- Astor v. Union InsuranceNew York Supreme Court · 1827
- Interstate Coal Co. v. SheltonCourt of Appeals of Kentucky · 1914
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