Livingston v. Bain
New York Supreme Court
This was an action of assumpsit, tried at the Columbia circuit, in April, 1831, before the Hon. Charles H. Ruggles, one of the circuit judges. On the 3d June, 1820, the plaintiff sold to the defendant the services of a negro called Tobe, to end on the 1st June, 1825. The consideration of the sale was $200, of which $50 was paid down, and the residue secured by a note, payable on demand, on which this action was brought. The declaration also contained the common counts.
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This was an action of assumpsit, tried at the Columbia circuit, in April, 1831, before the Hon. Charles H. Ruggles, one of the circuit judges. On the 3d June, 1820, the plaintiff sold to the defendant the services of a negro called Tobe, to end on the 1st June, 1825. The consideration of the sale was $200, of which $50 was paid down, and the residue secured by a note, payable on demand, on which this action was brought. The declaration also contained the common counts. Tobe worked for the defendant until 30th September, 1823, when he asserted his freedom, and left the service of the…
1Opinion of the Court
By the Court,
Nelson, J.
Iam of opinion the plaintiff cannot recover, for the want of consideration in the note. It is now conceded that Tobe was a free man at the time he was sold by the plaintiff to the defendant, and therefore no right or title to his services passed by virtue of the sale. The ignorance of all parties of the fact at the time could not make a free man a slave, much less authorize the sale of him. It cannot alter the legal rights of the parties, so far as the title of the plaintiff to the services of Tobe are involved, and the failure of consideration is the want of title to…
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