Georgia, Supreme Court, Atlanta : Dukes v Nelson, executor, March 1859

Summary: An action by Nelson, executor of Hervey H Nelson, deceased, on a promissory note for [dollars] 950 given for the sale of a slave, Henry, who had subsequently died. Dukes alleged that Henry's sound health had been misrepresented. Three physicians deposed for Dukes that in their opinion Henry had suffered from a heart disease called hypertrophy for at least a year before he was sold. Another doctor deposed for Nelson that this had not been the case. It was also in evidence that by the time he died Henry was the property of one A Jefferson Weems. The jury found for Nelson for [dollars] 950 plus costs, and Dukes appealed. The Supreme Court found that the lower court had erred in concluding that Dukes had waived any claim he might have to compensation under the warranty of soundness given to him by Nelson by selling Henry on before bringing his suit. Judgment reversed.