Harmon v. Fleming
Mississippi Supreme Court
In error from the circuit court of Attala county; Hon. Robert C. Perry, judge. This was an action of debt, instituted in the circuit court of Attala county by defendant in error against plaintiffs in error, founded on two notes under seal.
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In error from the circuit court of Attala county; Hon. Robert C. Perry, judge. This was an action of debt, instituted in the circuit court of Attala county by defendant in error against plaintiffs in error, founded on two notes under seal. The defendants filed a special plea, in which they set up in substance, that the notes sued on were given for the hire of two slaves belonging to the plaintiff, for one year, and that the slaves thus hired died during the year; and that upon the maturity of the notes thus given, the plaintiffs in error paid the full amount, of the notes, after deducting the…
1Opinion of the CourtJustice Yerger
The record in this case presents a single point for consideration. It is not entirely free from difficulty, and is of considerable importance. It is this: Where a slave is hired for a specific time, at a fixed price, and dies before the expiration of the time; can the owner recover the whole price from the hirer, or only a pro tanto price for the period the slave lived ? The decisions of the American courts upon this point have not been uniform; and, should we attempt to decide it by precedents derived from them, it would be extremely difficult to reach a satisfactory conclusion.
*140In Virginia,…
2Cited by14 opinions
- Piaggio v. SomervilleMississippi Supreme Court · 1918
- United States Fidelity & Guaranty Co. v. ParsonsMississippi Supreme Court · 1927
- Hendrick v. GreenMississippi Supreme Court · 1993
- Browne & Bryan Lumber Co. v. ToneyMississippi Supreme Court · 1940
- Howell v. MyerMississippi Supreme Court · 1913
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