De Fonclear v. Shottenkirk
New York Supreme Court
THIS was an action of assumpsit. The declaration in the case contained two counts ; the first count was on a special agreement, by which the defendant agreed to take a negro slave belonging to the plaintiff, upon trial for a day or two, and if the negro did not like the defendant for a master, the defendant undertook to return him. The second count was, on the sale of the negro, for the purchase money.. The defendant pleaded non assumpsit.
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THIS was an action of assumpsit. The declaration in the case contained two counts ; the first count was on a special agreement, by which the defendant agreed to take a negro slave belonging to the plaintiff, upon trial for a day or two, and if the negro did not like the defendant for a master, the defendant undertook to return him. The second count was, on the sale of the negro, for the purchase money.. The defendant pleaded non assumpsit. The cause was tried at the last Montgomery circuit, before Mr. Justice Van Ness. From the evidence given at the trial, which was minutely detailed in the…
1Opinion of the CourtSpencer, J.
Notwithstanding several points were made on the argument, there is really but one ; was the property of the negro, at the time he ran away or subsequently, in the plaintiff or defendant ?
*174We need not go to the civil law to learn when a chattel is sold, and fortunately for mankind, it is not a subject of very deep learning in our own law,
Independently of the statute, any words importing a bargain,, whereby the owner of a chattel signifies his willingness and consent to sell, and whereby another person shall signify his willingness and consent to buy it, in presentí, for a specified price, would…
2Cited by12 opinions
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