Oatfield v. Waring
New York Supreme Court
THIS was an action of assumpsit, brought to recover a compensation for supporting the defendant’s slave. The cause was tr*e(l before Mr. Justice Van Ness, at the Albany circuit, in Drfnhpr Ifilfi VCCOOer, IblO.
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THIS was an action of assumpsit, brought to recover a compensation for supporting the defendant’s slave. The cause was tr*e(l before Mr. Justice Van Ness, at the Albany circuit, in Drfnhpr Ifilfi VCCOOer, IblO. It was proved on the part of the plaintiff, that the slave, for whose maintenance the action wasbrought, was the property of the defendant’s wife, at the time of her intermarriage with the defendant, in 1810, and had lived with the plaintiff, in the city f 1 5 J °* " f'Oany, and been supported by him from the time of the defen(^ant’s marriage until the 31st day of October, 1815, when…
1Opinion of the CourtSpencer, J.
The defendant makes two objections to the verdict.
1st. That the facts proved do not justify an inference that the maintenance of the defendant’s slave was at his request,
2d. That the plaintiff is a slave, and is incompetent to maintain the action.
The judge submitted it to the jury, whether a request on the part of the defendant, that the plaintiff should keep, provide for, and maintain his slave, had not been- made out, and they find that there was a request.
A request may be inferred from the beneficial nature of the consideration, and the circumstances of the transaction; (10 Johns. Rep.…
2Cited by10 opinions
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- Chilcott v. TrimbleNew York Supreme Court · 1852
- Taylor v. BaldwinNew York Supreme Court · 1851
- Chaffee v. ThomasNew York Supreme Court · 1827
- Ross v. DavisNew York Supreme Court · 1931
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