Hogan v. Carr
Supreme Court of Alabama
Error to the County Court of Marengo. Assumpsit by the plaintiff against the defendants in error, on ■a promissory note. Upon the trial of the cause, it was proved that the note sued ■on, was given for the hire of a slave, for one year, to the defendant Carr; and the defence was, that the plaintiff took the slave out of the pessession of Carr, about five months before the expiration of the year, for which he was hired.
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Error to the County Court of Marengo. Assumpsit by the plaintiff against the defendants in error, on ■a promissory note. Upon the trial of the cause, it was proved that the note sued ■on, was given for the hire of a slave, for one year, to the defendant Carr; and the defence was, that the plaintiff took the slave out of the pessession of Carr, about five months before the expiration of the year, for which he was hired. The plaintiff, in excuse, offered to prove that, in consequence of mal-treatment by Carr, the slave was unable to continue at work, and required rest and immediate medical…
1Opinion of the CourtOrmond, J.
The hire of a slave, for a stipulated period, is a purchase of the services of the slave for that time, the rever-sionary interest remaining in the owner. The hirer, in addition to the express contract of the parties, which, in general, only provides for the price and time of service, impliedly stipulates, that he will treat the slave humanely, and provide for his necessary wants. That in sickness, he will provide necessary medical aid, and will not require him to labor when physically unable to do so. In the case of a hired horse, it has been held, that after the animal is exhausted, and has…
2Cases cited1 opinion
- Lacy v. Holbrook, Bowman & Co.Supreme Court of Alabama · 1842
3Cited by4 opinions
- Nelson v. BondurantSupreme Court of Alabama · 1855
- Nesbitt v. DrewSupreme Court of Alabama · 1850
- Foster v. SykesSupreme Court of Alabama · 1853
- Tillman v. ChadwickSupreme Court of Alabama · 1861