Legal Opinion

Peter v. Steel

Supreme Court of Pennsylvania

Decided September 15, 1801PublishedCited by 3 opinions

This cause was tried at Nisi Prius, at Lancaster, before the late and present chief justice. The plaintiff declared in a general indebitatus assumpsit for work, labour and service, and on a quantum meruit. It was stated, that he was captured during the late revolutionary war, within the British lines, by the defendant then an American officer, and brought into Lancaster county.

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This cause was tried at Nisi Prius, at Lancaster, before the late and present chief justice. The plaintiff declared in a general indebitatus assumpsit for work, labour and service, and on a quantum meruit. It was stated, that he was captured during the late revolutionary war, within the British lines, by the defendant then an American officer, and brought into Lancaster county. The defendant there registered him as a slave, and after being six months within the state, he was discharged by habeas corpus. The action was brought for remuneration for his services, after he had been six months…

1Opinion of the Court

Shippen C. J.

declined taking any part in the decision; and in this term Yeates, J. delivered the opinion of the court, as follows :

This is a motion to set aside a nonsuit, and the only question is, whether a free negro may not support a general indebitatus assumpsit on a qtiantum meruit, for work, labour and service, *against a person claiming, or who formerly did claim to hold him as a slave? [*252

On the part of the plaintiff it has been insisted, that where the party has two remedies given by the law, for an injury done to his person or property, he may elect which he pleases. That though…

2Cases cited3 opinions

  1. Rapalje v. EmorySupreme Court of the United States · 1790
  2. Conklin v. BushSupreme Court of Pennsylvania · 1848
  3. Talcot v. Commercial Insurance Co.New York Supreme Court · 1807

3Cited by3 opinions

  1. Maltby v. Harwood & WellsNew York Supreme Court · 1852
  2. Franklin v. WatersCourt of Appeals of Maryland · 1849
  3. Urie v. JohnstonSupreme Court of Pennsylvania · 1831

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