Brown v. Harris
Supreme Court of Georgia
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
- Palmetto Mfg. Co. v. Parker & AndersonSupreme Court of Georgia · 1905
- Ferst's Sons & Co. v. Bank of WaycrossSupreme Court of Georgia · 1900
- Acree v. KaySupreme Court of Georgia · 1939
- Edenfield v. CanadySupreme Court of Georgia · 1878
- Yancey Bros. v. BowlingCourt of Appeals of Georgia · 1955
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