Moseley v. Wilkinson
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. Robert Dougherty. Action on the case by Robert A Moseley against Beverly N. Wilkinson; the declaration containing two counts in case and one in trover.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. Robert Dougherty. Action on the case by Robert A Moseley against Beverly N. Wilkinson; the declaration containing two counts in case and one in trover. The first count alleges, that plaintiff hired and delivered to the defendant two slaves, “ for a certain reasonable reward to be paid to said plaintiff in that behalf,” from the first day of February, 1844, until the first day of January, 1845 ; that it thereby became and was defendant’s duty, to treat said slaves with due and proper care and attention, and, in case of…
1Opinion of the Court
GOLDTHWAÍTE, J.
One of the distinctions between case and assumpsit is, that if the former action be brought on a breach or omission of duty growing out of a contract, the contract itself need not be formally stated in the declaration (1 Ch. PI, 124, 885), unless it constitutes a material part of the plaintiff’s case. —Bovan v. Jones, 6 D. & B. 483. Here the cause of action, as stated in the first count, is not on the contract of luring, but for an omission of duty, in not treating the slave with proper care while she was hired. The terms of the contract were entirely unnecessary; and whether…
2Cases cited1 opinion
- Hooks v. SmithSupreme Court of Alabama · 1850
3Cited by12 opinions
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Gwin v. Emerald Co.Supreme Court of Alabama · 1918
- Newton v. BrookSupreme Court of Alabama · 1901
- Fail v. McArthurSupreme Court of Alabama · 1857
- Hall v. GoodsonSupreme Court of Alabama · 1858
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