McNair v. . McKay

This was an action of assumpsit, in which the plaintiff declared for money had and received, and in the other money courts. Pleas, the general issue, statute of limitations.

On the trial the evidence was that, some time in 1848, the defendant's intestate sold a negro slave named Jack for $750, and received $400, part of the purchase money, and said that he was acting as the agent of the plaintiff. The negro Jack had belonged to one Dugald Blue, who died in August, 1828, leaving five children, with one of whom, named Annie, the plaintiff intermarried.

The purchaser said he thought he had paid…