Barber v. Anderson
Court of Appeals of North Carolina
Tried before Mr. Justice O’Neall, at Chester, extra August Term, 1829. This was an action of trover for a negro girl, the slave of plaintiff’s testator, which had been hired by him to the defendant. The period of hiring expired on the 14th Dec. 1826, as appeared by a note in writing signed by the defendant. The testator died in September, 1826, and the plaintiff, and another, since deceased, were appointed executors of his will, aud duly qualified soon after his decease.
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Tried before Mr. Justice O’Neall, at Chester, extra August Term, 1829. This was an action of trover for a negro girl, the slave of plaintiff’s testator, which had been hired by him to the defendant. The period of hiring expired on the 14th Dec. 1826, as appeared by a note in writing signed by the defendant. The testator died in September, 1826, and the plaintiff, and another, since deceased, were appointed executors of his will, aud duly qualified soon after his decease. A witness, called by the plaintiff, testified, that early in January 1827, the executors, in his presence, demanded the…
1Opinion of the CourtColcock, J.
In this case we cannot concur with the presiding Judge in the view which he lias taken, either of the law, or the *360facts. As a general position it is clear that trover will lie in cases of bailment, on a demand and refusal to deliver the goods, after the time expires for which they are bailed. Com. Dig. Actiou upon the Case upon Trover. And in some kinds of bailment trover will lie, even without a demand. Thus, in Durell v. Mosher, 8 Johns. 347, it was decided, that proof of a promise by defendant to return the goods to the plaintiff, and that he had not returned them, is sufficient evidence…
2Cases cited2 opinions
- Adams v. DyerNew York Supreme Court · 1811
- La Place v. AupoixNew York Supreme Court · 1800