Harris v. Maury
Supreme Court of Alabama
Appeal from tbe Circuit Court of Sumter. Tried before the Hon. C. "W. RapieR. This action was brought by the appellant, and was founded on a promissory note for $175, which was given for the hire of two slaves, named Gabe and Mary, for the year 1852. On the trial, as the bill of exceptions states, after the plaintiff had read in evidence the note declared on, “the defendants read in evidence a Avrit-ten admission of facts, as follows: It is admitted that Maury, who hired the…
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Appeal from tbe Circuit Court of Sumter. Tried before the Hon. C. "W. RapieR. This action was brought by the appellant, and was founded on a promissory note for $175, which was given for the hire of two slaves, named Gabe and Mary, for the year 1852. On the trial, as the bill of exceptions states, after the plaintiff had read in evidence the note declared on, “the defendants read in evidence a Avrit-ten admission of facts, as follows: It is admitted that Maury, who hired the negroes mentioned in said note, re-hired said negroes, by the consent of the plaintiff', for the balance of the year of…
1Opinion of the CourtRice, C. J.
The contract of hiring between the plaintiff and the defendant Maury is entire ; and it is beyond all doubt, that if Maury had not re-hired the slaves, and the plaintiff had deprived him of - one of them for part of the term, without any violation of the contract on the part of Maury, the plaintiff would thereby have lost his right to recover any thing for the hire of the slaves.— Perry v. Hewlett, 5 Porter’s Rep. 318; Wier v. Buford, 8 Ala. 134; Nesbitt v. Brew, 17 Ala. 379; McNeill v. Easley, 24 Ala. 455; Camp v. Bill, 27 Ala. 553; Story on Bailments, §§ 383, 385, 386, 395; Caldwell v.…
2Cases cited5 opinions
- Alabama & Tennessee Rivers Railroad v. BurkeSupreme Court of Alabama · 1855
- Camp v. DillSupreme Court of Alabama · 1855
- Nesbitt v. DrewSupreme Court of Alabama · 1850
- Wier v. BufordSupreme Court of Alabama · 1845
- McNeill v. EasleySupreme Court of Alabama · 1854
3Cited by2 opinions
- Shahan v. Alabama Great Southern RailroadSupreme Court of Alabama · 1896
- Jones v. FortSupreme Court of Alabama · 1860