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Louisiana, Supreme Court, New Orleans : Porche v L'Admirault, February 1842

Published
Louisiana : Supreme Court, 1842.
Physical Description
1 online resource
Additional Creators
Adam Matthew Digital (Firm)
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Summary
The plaintiff took redhibitory action to rescind the sale of a slave, on account of a malady said to be a pulmonary consumption. Plaintiff alleged that about two months after her purchase the slave was taken sick and was unable to work uninterrupted. Plaintiff offered to restore the slave to the vendor and cancel the contract, but he refused. L'Admirault, the nominal, and the intervenor, Benjamin Poydras de Lalande, the real vendor, denied the existence of the disease at the time of sale. The plaintiff called upon a physician, Dr. Smith, who had treated the slave, to act as a witness. The court ruled in favour of the plaintiff and the defendant appealed. Several physicians who had seen the slave at various times gave their opinion to the court. The Supreme Court ruled that the case should be remanded for a new trial due to the contradictory nature of the physicians' testimonies and the lack of evidence to confirm whether or not the disease existed at the time of sale. The judgment of the District Court was reversed, with the costs of the appeal to be paid by the plaintiff and appellee.
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Reproduction Note
Electronic reproduction. Marlborough, Wiltshire : Adam Matthew Digital, 2007. Digitized from a copy held by the Louisiana and Special Collections Department, Earl K. Long Library, University of New Orleans.
Location of Originals
Louisiana and Special Collections Department, Earl K. Long Library, University of New Orleans
Copyright Note
Material sourced from the Louisiana and Special Collections of the Earl K. Long Library, University of New Orleans
View MARC record | catkey: 41986109