Legal Opinion

Brown v. Harris

Supreme Court of Georgia

Decided June 15, 1856No. 71PublishedCited by 8 opinions

Assumpsit, in Bibb. Tried before Judge Powers, May ‘Term, 1856. Samuel M. Alsabrook, in his lifetime, brought an, action against the late firm of Brown & Harris, to recover an amount claimed to he due him for the hire of a slave.

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Assumpsit, in Bibb. Tried before Judge Powers, May ‘Term, 1856. Samuel M. Alsabrook, in his lifetime, brought an, action against the late firm of Brown & Harris, to recover an amount claimed to he due him for the hire of a slave. The ground of defence set up was, that the defendants, Brown & Harris, hired the negro in question to be employed as a servant in the “Washington Hall” hotel, and that after the hiring, they sold out their interest in said hotel to Rogers & Meara, who assumed this among the other debts contracted by defendants for the use of said hotel; that this arrangement was…

1Opinion of the Court

By the Court.

Benning, J.

delivering the opinion.

[1.] The charge requested should, we think, have been gi‘•ven. In our opinion, “ a mere substitution by the plaintiff of Rogers & Meara as debtor, in the place of Brown & Harris,” would, of itself have abrogated the debt as to Brown & Harris. That, as we conceive, would be the necessary effect of such a substitution.

And because the Court failed to give this charge, we grant a new trial.

*407Some remarks may, however, with propriety, be made on the other points in the case.

The first of these was, that the testimony of S. M. Lanierproved a different…

2Cited by8 opinions

  1. Palmetto Mfg. Co. v. Parker & AndersonSupreme Court of Georgia · 1905
  2. Ferst's Sons & Co. v. Bank of WaycrossSupreme Court of Georgia · 1900
  3. Acree v. KaySupreme Court of Georgia · 1939
  4. Edenfield v. CanadySupreme Court of Georgia · 1878
  5. Yancey Bros. v. BowlingCourt of Appeals of Georgia · 1955

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