In 1806, William Dougherty purchased a slave named Nanny for $150 from John Fisk. As payment, Dougherty issued a note for seventy-five bushels of salt. Before the transaction, Fisk assured Dougherty that Nanny was fifty years old and sound. He further noted that he had turned down an offer of $200 for her, having "promised said negro that he would not sell her where she was unwilling to go." After the purchase, Dougherty discovered that Nanny was seventy years old and suffered from rheumatism. He says that her work is not worth her maintenance and that had he known of her age and illness, "he would not have given one dollar for her, and would not now give one cent for her, and would thank anyone to take her off his hands." He offered Fisk $50 to take back the slave, and after Fisk assigned his note to John Honore, Dougherty offered Honore $75 to take her. Both refused. Honore has now obtained a judgment against Dougherty for the original note, plus court costs and interest. Dougherty asks that Honore be prevented from collecting on the judgment and that the original transaction be set aside.
Result: Granted; appealed; upheld.
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Repository: Kentucky Division of Libraries and Archives, Frankfort, Kentucky
