Suggett's Administrator v. Cason's Administrator
Supreme Court of Missouri
Error to Callaway Circuit Court. This was an action for the possession of a negro slave named Jim. The plaintiff, Jno. S. Suggett, alleged in his petition that in the month of January, 1846, he made a verbal contract with Larkin Cason, defendant’s intestate, of the following effect: that he, plaintiff, should repair a certain log house belonging to Cason, and make certain additions thereto ; that in consideration thereof Cason agreed to give and deliver to plaintiff a…
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Error to Callaway Circuit Court. This was an action for the possession of a negro slave named Jim. The plaintiff, Jno. S. Suggett, alleged in his petition that in the month of January, 1846, he made a verbal contract with Larkin Cason, defendant’s intestate, of the following effect: that he, plaintiff, should repair a certain log house belonging to Cason, and make certain additions thereto ; that in consideration thereof Cason agreed to give and deliver to plaintiff a certain slave named Jim; that he, plaintiff, did in pursuance of the contract execute the repairs and make the additions…
1Opinion of the CourtScott, Judge
The difficulty we encounter in supporting the judgment of the court below is in the petition of the plaintiff, its want of conformity to the proof, and the instructions given. The action was tried on the theory that there was a sale of the slave by Cason to Suggett. There is evidence in the record tending to support this view of the transaction, on which, if a verdict had been found for the plaintiff, no court would have disturbed it. But to our minds the petition sets out only an agreement to sell the slave at a future day, and for a violation of this agreement the plaintiff was only…
2Cases cited1 opinion
- Foster v. McO'Blenis & MatthewsSupreme Court of Missouri · 1853
3Cited by27 opinions
- Atchison, T. & S. F. Ry. Co. v. HurleyCourt of Appeals for the Eighth Circuit · 1907
- Bless v. JenkinsSupreme Court of Missouri · 1895
- Fall v. HazelriggIndiana Supreme Court · 1874
- Harrington v. Kansas City Cable Railway Co.Missouri Court of Appeals · 1895
- Blue Valley Creamery Co. v. Consolidated Products Co.Court of Appeals for the Eighth Circuit · 1936
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