Palmer v. Taylor
Palmer v. Taylor
Opinion of the Court
The plaintiff seeks the rescission of the sale of a slave, which he purchased from the defendants, on the ground of a malady existing at the time of the sale, from which the slave after-' wards died. The claim was resisted on the plea of the general issue, and on an averment of gross negligence, cruelty, and ill-treatment to the slave by the plaintiff. There was a verdict against him, and after an unsuccessful effort to obtain a new trial, he appealed. A main question was, whether the disease existed at the time of the sale. A number of doctors were examined, and their testimony rather supports the affirmative of the question. One of them only had seen the slave during his illness, and he had seen him but once. A post mortem examination was made, and the / opinion of the gentlemen present at the examination, was in favor of the existence of the disease at the time of thcsale. Several
Judgment- affirmed.
This is not strictly correct. Dr. Skipwith, the witness alluded to, testified, that after prescribing for the slave, βhe returned to the plantation the next day, and saw the negro, who seemed to be better.β The prescription was made on the 9th, and the boy died on the evening of the 12th. The testimony is in other respects correctly stated.
Reporter..
Reference
- Full Case Name
- Archibald D. Palmer v. Humphrey Taylor and another
- Cited By
- 2 cases
- Status
- Published