Cook v. Husted
New York Supreme Court
IN ERROR, on certiorari, from a justice’s court, in the conn-' ^ Dutchess* Sarah Husted, the plaintiff below, sued Cook, and declared against him for. work, labour, and services per.-! f°rmed a negro girl, alleged to be her property. The defendant below, pleaded non-assumpsit.
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IN ERROR, on certiorari, from a justice’s court, in the conn-' ^ Dutchess* Sarah Husted, the plaintiff below, sued Cook, and declared against him for. work, labour, and services per.-! f°rmed a negro girl, alleged to be her property. The defendant below, pleaded non-assumpsit. It was proved on the part of the plaintiff; that the girl was. born the slave of Mary Pugsley, of whom the plaintiff two or. three years before the trial had purchased her, and that Mary Pugsley, until the time of such sale, had the entire and exclusive contr°l °f the slave; and it appearing, from the confession of the…
1Per curiam
Whether the allowance for the service of the . . pegro girl was not more than she earned, is an inquiry which we do not enter into. That was a matter proper to be determined by the court below, and of which the magistrate was the fit and proper judge. If the slave was the property of the plaintiff: the law will raise an implied promise on the part of the defendant to compensate her for the services of such slave. Both parties claim under Mary Pugsley, as once being the owner of this slave; and there is no sufficient evidence appearing on the return to show that she ever parted with her right…
2Cited by9 opinions
- Carpenter ex rel. Carlton v. DodgeSupreme Court of Vermont · 1848
- Livingston v. AckestonNew York Supreme Court · 1826
- Crane v. BaudoineNew York Supreme Court · 1873
- Gale v. ParrotSuperior Court of New Hampshire · 1817
- Marston v. MarstonSuperior Court of New Hampshire · 1850
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