Legal Opinion

McNeill v. Easley

Supreme Court of Alabama

Decided January 15, 1854PublishedCited by 1 opinion

Error to the Circuit Court of Marengo. Tried before the Hon. George D. Shortridge. Assumpsit by Anselm B. Easley, as administrator of George W. Law, deceased, against the defendants in error, on a promissory note, which was proved to have been given for the hire of a slave.

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Error to the Circuit Court of Marengo. Tried before the Hon. George D. Shortridge. Assumpsit by Anselm B. Easley, as administrator of George W. Law, deceased, against the defendants in error, on a promissory note, which was proved to have been given for the hire of a slave. The defendants proved by Charles McNeill, who was a son of the defendant to whom the slave was hired, that the slave ran away from his father before the expiration of his term of hire, and witness, who lived in plaintiff’s immediate neighborhood, was authorized by his father to bring home said slave if he could find him;…

1Opinion of the CourtGoldthwaite, J.

When one makes a demand as agent of another, reasonable evidence of authority may be required; but if the party fails to do this, and rests his refusal on the ground of right in himself, he cannot afterwards object to the want of knowledge on his part of the authority of the agent. —Spence v. Mitchell, 9 Ala. 744; Dowd v. Wadsworth, 2 Dev. Law 123, 135; West v. Tupper, 1 Bail. 193. The first charge was erroneous.

Neither can the second charge be sustained. There is an implied stipulation on the part of every bailee of a slave for hire, that he will treat him with humanity ; and if he fails to…

2Cases cited1 opinion

  1. Spence v. MitchellSupreme Court of Alabama · 1846

3Cited by1 opinion

  1. Harris v. MaurySupreme Court of Alabama · 1857

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