Griswold v. Taylor's Adm'r
Court of Appeals of Kentucky
CASE 39 — PETITION ORDINARY APPEAL PROM UNION CIRCUIT COURT. The facts appear in the opinion of the conrt. In a contract of hiring there is an implied warranty of the fitness of the thing hired, or that it is not diseased or valueless. (Story on Bailments, sec. 390, 390 a.) No offer to return the slave was necessary, as he was of no value to any one.
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CASE 39 — PETITION ORDINARY APPEAL PROM UNION CIRCUIT COURT. The facts appear in the opinion of the conrt. In a contract of hiring there is an implied warranty of the fitness of the thing hired, or that it is not diseased or valueless. (Story on Bailments, sec. 390, 390 a.) No offer to return the slave was necessary, as he was of no value to any one. (Hardwick vs. Hardwick, 4 Bibb, 569.) The allegation in the answer that the consideration of the note entirely and wholly failed, is a sufficient answer to the petition; it is legitimate to aver an entire failure of consideration. (Ralston, &c.,…
1Opinion of the Court
JUDGE DUVALL
delivered the otinion oe the court:
This was an action by the administrator of Taylor against Griswold and his surety, upon the following covenant:
“ $140. I have this day hired of Aaron Taylor a negro man named Jim, from this date until the 25th day of December next, for which I am to pay the said Taylor the sum of one hundred and forty dollars, payable at the 25th of December next,” &c. Dated 2d February, 1857.
The petition averred the non-payment of the debt, and prayed judgment therefor. Griswold and his surety answered, alleging that the slave Jim, mentioned in the covenant sued…
2Cases cited1 opinion
- Redding v. HallCourt of Appeals of Kentucky · 1809
3Cited by2 opinions
- Robinson v. Bright'sCourt of Appeals of Kentucky · 1860
- Commonwealth v. Certain Intoxicating Liquors, Ambrose KelleyMassachusetts Supreme Judicial Court · 1860