Helm v. Miller
New York Supreme Court
THIS was an action of assumpsit, tried at the Steuben cir-euit. the loth of June, 1819, before Mr. Justice Woodworth, The plaintiff save in evidence a note executed by the defend-A O J ant. as follows : “ For value received, four years after the date hereof, I promise to pay to William Helm, or order, three ' i i j j - hundred and fifty dollars, with interest until paid.
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THIS was an action of assumpsit, tried at the Steuben cir-euit. the loth of June, 1819, before Mr. Justice Woodworth, The plaintiff save in evidence a note executed by the defend-A O J ant. as follows : “ For value received, four years after the date hereof, I promise to pay to William Helm, or order, three ' i i j j - hundred and fifty dollars, with interest until paid. This note is executed in consideration of a negro man, named John, this day delivered by said Helm to said Miller; and it is the express understanding of the parties,-that if, in consequence of any law of this or of the…
1Opinion of the Court
♦Spencer, Ch. J.,
delivered the opinion of the court.
If the sale of the negro man by the plaintiff was not in his representative character, as executor in the right of his wife, Susan Thornton, but in his private capacity, then the nonsuit Is right; for it would have been in violation of the statute ; the slave would become free, and consequently there would be a total failure of the consideration of the note. The case of Sable v. Hitchcock, (2 Johns. Cas. 79.) decided, that the sale of a slave imported into this state since the passing of the act of the 22<l of February, 1788, in the course…
2Cases cited1 opinion
- Sable v. HitchcockNew York Supreme Court · 1800