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1 S.C. Eq. 11

Richardson v. Murray

Court of Appeals of South Carolina · decided 1839-07-01

Before Richardson, J. at Spartanburg, Fall Term, 1839. The defendant pleaded in discount to a note of $970, the part value of a negro slave whom he had delivered to the plaintiff as security or satisfaction for a debt of $500, “which negro,” said the plea, “the plaintiff was to account for at his true value, or what he could be sold at; and the defendant avers that the said plaintiff was afterwards offered and could have obtained for the said negro man the sum of fifteen…

Decided 1839-07-01

¶1Curia, per

Richardson, J.

¶2held that a verdict otherwise, satisfactory should not be set aside upon so obvious a mistake in terms only. If a new trial were allowed, the court would *12also have to give the defendant leave to correct the arithmetical error in his plea and lay his demand at $1000 instead of $900; which would place the parties exactly where they now stood under the verdict.

Choice, for the motion; Henry 4" Bobo, contra.

¶3Motion dismissed;

the whole court concurring.
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