Harris v. Nicholas
Supreme Court of Virginia
THE Appellee Wilson C. Nicholas, by a Covenant under seal agreed with the Appellant as follows: “For the hire oí' il four Negro fellows the present year, who are lobe returned well il ¿loathed on or before the 25th of December, I promise to pay “ Frederick Harris at that time the sum of two hundred and “ eighty dollars; witness my hand and seal the Oth of Jauua* s‘ ry, 1812.” On this Covenant Harris brought his action, and for breach alleged, “ that one of the said negro…
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THE Appellee Wilson C. Nicholas, by a Covenant under seal agreed with the Appellant as follows: “For the hire oí' il four Negro fellows the present year, who are lobe returned well il ¿loathed on or before the 25th of December, I promise to pay “ Frederick Harris at that time the sum of two hundred and “ eighty dollars; witness my hand and seal the Oth of Jauua* s‘ ry, 1812.” On this Covenant Harris brought his action, and for breach alleged, “ that one of the said negro fellows, to wit, one “ named Joe, alias Roger, was not returned, well clcathed, on “ or before the 25th day of December…
1Opinion of the Court
March 12th, 1817.
Judge Roane
pronounced the Court’s opinion.
The Courtis of opinion that, if the Covenant stated in the Declaration can be considered, as a Covenant to return the Negro in question, as well as to secure the payment of the money due for his hire, it ought not to be considered as a Covenant to insure such return in the event, which has happened ; especially under the usage and understanding of this country *490in relation to the subject. And the Court is farther of opinion, that the Appellee would not be held liable under the facts disclosed in the pleadings, (admitting that Thomas…
2Cited by8 opinions
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- Levey v. DyessMississippi Supreme Court · 1875
- Sawyer v. . WilkinsonSupreme Court of North Carolina · 1914
- Supervisors of Jackson Co. v. LeonardWest Virginia Supreme Court · 1880
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