McDermott v. Barnum
Supreme Court of Missouri
■Appeal from St. Louis Circuit Court. This was an action in 'detinue for a slave named Austin. John C. Rogers, Hugh Rogers and Lowe, (composing the firm of J. 0. Rogers & Co.,) and also the plaintiff, McDer-mott, were contractors on the James River Canal in Virginia, 1841 and 1842. The former becoming embarrassed, sold various slaves to various creditors, among others, to the plaintiff : a bill of sale for four negroes (among them Austin) for $2000, was made to Rodk.
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■Appeal from St. Louis Circuit Court. This was an action in 'detinue for a slave named Austin. John C. Rogers, Hugh Rogers and Lowe, (composing the firm of J. 0. Rogers & Co.,) and also the plaintiff, McDer-mott, were contractors on the James River Canal in Virginia, 1841 and 1842. The former becoming embarrassed, sold various slaves to various creditors, among others, to the plaintiff : a bill of sale for four negroes (among them Austin) for $2000, was made to Rodk. McDermott, and was signed by Jno. C. Rogers & Co., byJ. C. Rogers, on the 24th of Jan’y, 1842. Reilly, a witness to the bill,…
1Opinion of the CourtGamble, Judge
The only ground upon which we reverse the judgment in this .case, is, the giving, by the Circuit Court, of the fourth instruction asked by the defendants. That instruction is in these words,:
4. -If the jury find that the plaintiff, by himself or his authorized agent, delivered the slave in the declaration mentioned, to Hugh Rogers, one of the firm of John C. Rogers & Co., and suffered or permitted him to retain the possession of, .and use and control the said slave as his own property; that, while said Rogers was so in possession of said slave, using and controlling him as his own, he was…
2Cited by3 opinions
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- Hope v. CostelloMissouri Court of Appeals · 1927