Stearns v. McCullough
Supreme Court of Missouri
Jlppeal from St. Clair Circuit Court. The opinion of the court contains a sufficient statement of facts. On the trial, the following instructions were given on behalf of the plaintiff : 1. “If the jury believe from the evidence, that said slave was sick, at the time of the sale to said plaintiff, and that she never fully recovered from it, and in consequence of that sickness, or other complaints or disease produced by it, or other secret diseases at the time of sale, died,…
Read the full summary
Jlppeal from St. Clair Circuit Court. The opinion of the court contains a sufficient statement of facts. On the trial, the following instructions were given on behalf of the plaintiff : 1. “If the jury believe from the evidence, that said slave was sick, at the time of the sale to said plaintiff, and that she never fully recovered from it, and in consequence of that sickness, or other complaints or disease produced by it, or other secret diseases at the time of sale, died, they must find a verdict for the plaintiff, provided it was not produced by the neglect of said plaintiff.” 2. “ If the…
1Opinion of the CourtGamble, Judge
In October, 1851, McCullough sold a negro girl to Stearns for $500, with a warranty of soundness. Soon after the sale she was known to be unwell, and in May following died. The present action is upon the warranty of the soundness of the slave, charging that the slave, at the time of the sale, was diseased, and afterwards died of that disease, and claiming, also, for the labor, trouble and expense of keeping the slave. There was no offer to return the slave, and after verdict the plaintiff remitted the amount which, in his petition, he had claimed for keeping the slave. The answer of the…
2Cited by3 opinions
- McCormick Harvesting Machine Co. v. HeathMissouri Court of Appeals · 1896
- Martin v. MaxwellMissouri Court of Appeals · 1885
- Kerr v. EmersonMissouri Court of Appeals · 1895