Benjamin Metoyer seeks to nullify his purchase of a diseased slave. In 1857, he purchased a slave named Ellen Dorn for $1000 from Louis Caretta. Ellen came "guaranteed against all redhibitory vices and maladies." Within two months, Metoyer realized that the slave was "subject to epilepsy.” Benjamin Metoyer asserts that, "had he been aware before the Sale of her liability to such a disease," he would not have purchased her. He has "returned said slave to said vendor," but Caretta refuses to reimburse his purchase price. Metoyer prays that Caretta be adjudged to take back the slave, repay the purchase price, and pay expenses accrued in "her passage and support."
Result: Granted; appealed; upheld.
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Repository: University of New Orleans