Opinion · Supreme Court of Louisiana

Conolly v. Bertrand

12 La. 313

Type
Opinion
Court
Supreme Court of Louisiana
Jurisdiction
Louisiana
Date
1838-05-15
Topic
general

Carleton, J., delivered the opinion of the court. This is an action brought to cancel the sale of a slave, alleged to be affected with idiocy at the time of the transfer. There was judgment for the plaintiff against his vendor, and in favor of the respective vendees, as far as the warranty was sought to be enforced ; two of the warrantors, Bienvenu and Petitpain appealed. The controversy turns mainly upon matters of fact, of which the jury were the proper judges, and we find nothing in the testimony that can impeach the correctness of their. . * 1 Verdict. ' The counsel for Bienvenu, has assigned for error, that no interest was allowed the respective warrantors on the sums 1 by them paid.

Citator

UpLaw has not yet analyzed Conolly v. Bertrand. The absence of a flag is not a finding that it is good law.

Carleton, J.,

delivered the opinion of the court.

This is an action brought to cancel the sale of a slave, alleged to be affected with idiocy at the time of the transfer.

There was judgment for the plaintiff against his vendor, and in favor of the respective vendees, as far as the warranty was sought to be enforced ; two of the warrantors, Bienvenu and Petitpain appealed.

The controversy turns mainly upon matters of fact, of which the jury were the proper judges, and we find nothing in the testimony that can impeach the correctness of their. . * 1 Verdict.

' The counsel for Bienvenu, has assigned for error, that no interest was allowed the respective warrantors on the sums 1 by them paid. We do not, however, think they have any just *315 ground of complaint, as each vendee had the services of the slave while in possession, and the use of the price as soon as sold.

It is, therefore, ordered, adjudged and decreed, that the judgment of the District Court be affirmed, with costs.