Tilman v. Stringer

• Decision Date: 30 June 1858
• Citation: 26 Ga. 171
• Parties: Lazarus Tilman, plaintiff in error. vs. Joicy Stringer, defendant in error.
• Court: Georgia Supreme Court

26 Ga. 171

Lazarus Tilman, plaintiff in error. vs. Joicy Stringer, defendant in error.

Supreme Court of the State of Georgia

JUNE TERM, 1858.

Debt, from Harris county. Tried before Judge Worrill, April Term, 1858.

Joicy Stringer purchased of Tilman a negro woman which was warranted to be sound; upon which warranty the said Joicy brought this action, alleging a breach of the same.

On the trial it appeared from the testimony of H. D. Williams that plaintiff was a widow, and her late husband was witness' nephew; knew the negro woman about whom this suit was instituted; supposed her to be some forty or forty-five years of age; was not present when she was purchased. Lived very near plaintiff and was sometimes consulted by her in reference to business. The negro woman was left by defendant with plaintiff for a short time before the purchase, on trial; perhaps a week or two, not positive how long. At request of plaintiff he looked at the negro before the sale; and at that time merely looking at her, he didnot discover she was diseased; she was apparently a tolerably good looking negro, and quite pert. Some five or ten days after the purchase he saw her again, and then thought from her appearance and actions that she was not well, and undertook to inquire into the matter. She then complained of pains in her back and head, and side and shoulders.

Counsel for defendant objected to any of the negro's sayings about her situation. The Court overruled the objection, and defendant's counsel excepted.

The negro was in the field at this time, but seemed to be lagging behind the other hands. After this he saw her two or three times a week, and she was frequently complaining; did not have a healthy appearance, looked rather ashy; during a year or two after the purchase grew worse and worse; sometimes would lie up; that he had frequently seen her up to last Christmas, and knowing said negro as he did, with the disease on her, in his opinion she was at this time of no value. That to one who did not know her as he did, but from her appearance, her age, &c, and in a sound condition, she probably would bring in the market some four or five hundred dollars at the time he first knew her.

Plaintiff read the bill of sale of said negro from defendant to plaintiff, bearing date January 18th, 1854, whereby the defendant acknowledged the receipt of nine hundred dollars for said negro, aged thirty years, and warranting her sound in body and mind.

On cross-examination of said Williams, it appeared that the plaintiff paid for said negro by giving a note of nine hundred dollars, payable 25th of December after the sale, without interest, and that said note had been paid.

Erastus C. Hood testified he was a practising physician; that he was called in some two years after the sale, to examine said negro as to her condition. Made no particular physical examination; looked at her tongue, but most of his information was derived from her own statements. She said she had pains in her head, back, and side, and great diffi-culty in urinating, and it was attended with some pain. She was feverish, and her tongue was furred. That his medical opinion was, from the symptoms thus detailed to him, that the womb of the negro was affected, probably a tendency to prolapsus; that the urinary organs were affected with probably some inflammation of the bladder, and womb, and kidneys; he did not prescribe for her, for he thought to cure her would require a course of treatment for some time. Could not state how long she had been diseased, but thought it was chronic, and not of recent origin; but could not say she was diseased at the time of the sale to plaintiff.

From her appearance if sound she was probably worth five or six hundred dollars. In her diseased condition, as he saw her, could not say she was worth anything.

Stringer testified, some year or more after the sale she was sent by plaintiff to Hamilton, and exposed to sale at public outcry. She was put up, and nothing said about soundness or unsoundness; and under the instructions, not to let her go under $700—and the highest bid being $560, she was bid in for plaintiff. During the crying of bids, some drunken fellow came up and said he had a title to the negro, but witness had a statement made that the title was good.

Edwards, the son-in-law of plaintiff, testified that he saw her about twelve months after the purchase; she was frequently complaining; she was not healthy, and at the request of plaintiff, he told defendant to take the negro back, which defendant declined. The negro was not present at the time. She worked some, and sometimes would lie up, complaining. If sound she would probably bring from $500 to $700. In her present condition might bring $200 or $300, but as for himself, he thought she was worthless.

Defendant's counsel objected to negro's statement of her condition. Court overruled objection, and defendant's counsel excepted.

Eldridge Winslow testified by interrogatories that he once owned the negro, sold her to defendant, and she was soundso far as he knew. Owned her about a year; she sometimes complained of headache, backache, or something simple, of that sort—not enough to have a physician called. Bought a plaster for her when she complained of backache, and heard no more complaint from her for the ten months after he owned her; gave $450 and sold her for $475. Considering her age, does not think the complaint injured her value, at least while he owned her, and got what she was worth had she been sound; never missed a day\'s work while he owned her. Thinks her age in 1843 38 or 40 years.

Thomas J. Sears, for defendant, testified that some three years after the sale he examined the negro; looked at her, felt her pulse, looked at her tongue, but relied for his opinion principally on her statement. She had pains as described by other witnesses, and in the abdomen, and what she termed a pressing or falling down sensation as she termed it; trouble in urinating—her monthly periods very irregular, coming sometimes only once in two months, or sometimes in a few days; thinks it was caused from change of life, she being about 45 years old, and the change one which all females go...