Demyer v. Souzer
New York Supreme Court
This was an action of assumpsit, tried at the Ulster circuit in October 1829, before the Hon. James Emott, then one of the circuit judges. In May, 1829, the plaintiff commenced this suit to recover for services rendered for the defendant by a negro slave. The slave originally belonged to the plaintiff’s father who died in 1802, having by will, given the slave to his wife.
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This was an action of assumpsit, tried at the Ulster circuit in October 1829, before the Hon. James Emott, then one of the circuit judges. In May, 1829, the plaintiff commenced this suit to recover for services rendered for the defendant by a negro slave. The slave originally belonged to the plaintiff’s father who died in 1802, having by will, given the slave to his wife. The defendent married a sister of the plaintiff, resided with his mother-in-laW, and worked the farm on which she lived for about three years before her decease, which happened in 1822 or 1823; during all which time the…
1Opinion of the Court
By the Court,
Marcy, J.
This case differs widely from Trongott v. Byaes, 5 Cowen, 480. If a slave deserts his master and goes into the service of another, the master can recover for services performed by the slave before he gives notice of his claim; but this principle should not, I think, be applied to a case where the master never had possession of the slave, and was chargeable with concealing his claim from the defendant while the slave was performing the services.
There could scarcely be imagined a case where an implied waiver of right to the slave, if any valid right ever vested in the…
2Cited by12 opinions
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- Crawford v. WilsonNew York Supreme Court · 1848
- Thompson v. . BlanchardNew York Court of Appeals · 1850
- Doane v. EddyNew York Supreme Court · 1837
- Rich v. RichNew York Supreme Court · 1837
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