Amonymous
Superior Court of North Carolina
This was an action of covenant in the name of the Chairman or presiding Justice of the County Court, g-gairist the Defendant, to whom the real Plaintiff had been bound as an orphan child; and he declared upon the indentures, taken under the act of 1762, c. 5, s. 20, ami stated as a breach, that tlie Defendant bad not taught him the trade he agreed to teach him, that he had not taught him to read and write, &c. 1'he Defendant pleaded, that he had performed his covenants, &c,…
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This was an action of covenant in the name of the Chairman or presiding Justice of the County Court, g-gairist the Defendant, to whom the real Plaintiff had been bound as an orphan child; and he declared upon the indentures, taken under the act of 1762, c. 5, s. 20, ami stated as a breach, that tlie Defendant bad not taught him the trade he agreed to teach him, that he had not taught him to read and write, &c. 1'he Defendant pleaded, that he had performed his covenants, &c, Upon the trial, the Plaintiff’s Counsel produced the indentures, and read them to the jury ; whereby it appeared tlmt…
1Per curiam
The first objection here s«, that the covenants are not made with the successors of the presiding Justice an well as with himself, and for that reason it is argued the successor cannot maintain this action as he might have done had these words been inserted,— Tin; second is, that the covenant produced is insensible, through the mistake of inscribing the name of the apprentice in the subsequent part of the indenture, instead of the name, of the presiding Justice, as it should have been. As to the iirst, though it be the general rule, that a personal chattel cannot go iu succession to a sole…
2Cases cited1 opinion
- Bettis v. LoganSupreme Court of Missouri · 1827