Legal Opinion

Hiatt v. . Gilmer

Supreme Court of North Carolina

Decided June 5, 1846Published

Appeal from the Superior Coui’t of Law of Guilford County, at the Spring Term, 1846, his- Honor Judge Settle presiding. This was an action of assumpsit, brought by the plaintiffs against the defendants, as executors of James Mc-Nairy deceased.

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Appeal from the Superior Coui’t of Law of Guilford County, at the Spring Term, 1846, his- Honor Judge Settle presiding. This was an action of assumpsit, brought by the plaintiffs against the defendants, as executors of James Mc-Nairy deceased. The plaintiffs proved that they were partners in carrying'on the business of harness and saddle-making in the town of Greensboroughthat the defendant’s testator contracted with the plaintiffs to take, as an apprentice, one of his sons, and to teach him the art and mystery of harness and saddle-making; and that he was to remain with the plaintiffs five…

1Opinion

The conduct of the defendant's intestate was a wanton and gross injury to the plaintiffs, who had received his son and faithfully maintained and taught him for two years. After they had incurred that expense and trouble with him, until he had, probably, learned enough to make his services of use and value, the father took him away, without finding the least fault with the plaintiffs. If any conduct can be inexcusable, it appears to me that such as that is, and that it ought to be left to the jury to give for such a breach of contract all the damages the plaintiffs really sustained: if not the…

2Cases cited1 opinion

  1. Musgrove v. . KornegaySupreme Court of North Carolina · 1859

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