Lennard v. Boynton
Supreme Court of Georgia
Assumpsit, &c. in Talbot Superior Court. Decision by Judge Iverson, September Term, 1851. Thomas Boynton brought suit against Frances Lennard, on a note for $ 100, given for the hire of a negro, for the year 1850, and payable to Rebecca Boynton, or bearer. Frances Lennard pleaded that the negro died on the 1st May, 1850, and that the note was transferred to Lennard on 1st February, 1851, after it was due, and with notice of this defence.
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Assumpsit, &c. in Talbot Superior Court. Decision by Judge Iverson, September Term, 1851. Thomas Boynton brought suit against Frances Lennard, on a note for $ 100, given for the hire of a negro, for the year 1850, and payable to Rebecca Boynton, or bearer. Frances Lennard pleaded that the negro died on the 1st May, 1850, and that the note was transferred to Lennard on 1st February, 1851, after it was due, and with notice of this defence. On motion, the Court below struck out this plea, and this decision is assigned as error.
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The only question in this case is, whether, when a negro is hired for a year, and he dies within the time, the hirer should be allowed a credit upon his note, from the time of the negro’s death to the end of the year, for so much as the hire for that time would amount to ?
In Scotland, France, Canada, Louisiana, and indeed all those countries where the Civil Law obtains, it is probable that the hire would be apportioned. In South Carolina, where the Common Law has never been adopted throughout, as the basis of their jurisprudence, the same…
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