Foster v. Sykes
Supreme Court of Alabama
Error to the Circuit Court of Choctaw. Tried before the Hon. John Bragg., This proceeding was commenced before a justice of the peace to recover the amount of a physician’s account for medical services rendered a slave. The facts were these: One Mitchell hired a negro woman and her two children to the defendants, Elijah and Lewis Sykes, for the year 1847, who gave their note for the hire, with the defendant, Bush, as surety.
Read the full summary
Error to the Circuit Court of Choctaw. Tried before the Hon. John Bragg., This proceeding was commenced before a justice of the peace to recover the amount of a physician’s account for medical services rendered a slave. The facts were these: One Mitchell hired a negro woman and her two children to the defendants, Elijah and Lewis Sykes, for the year 1847, who gave their note for the hire, with the defendant, Bush, as surety. In this note the makers agree to pay the physician’s bills of the slaves for that year. The negroes went into the possession of Elijah Sykes, and during the term he…
1Opinion of the CourtLigon, J.
From all that appears in this record, the defendant Bush is clearly not liable to the plaintiff in this action. There is no privity whatever between them. It is true, he is tho surety of Elijah and Lewis Sykes on their note to Mitchell *797for the hire of the slaves, in which, among other things, it is stipulated that they shall pay the physician’s bill for the slaves, if it should be necessary to employ one. With this contract the plaintiff has no connection, and can take no benefit under it. It requires no citation of authorities to establish the proposition, that a stranger to a contract will…
2Cases cited1 opinion
- Hogan v. CarrSupreme Court of Alabama · 1844
3Cited by2 opinions
- Watson v. MillsSupreme Court of Alabama · 1963
- Darden v. Macon CountySupreme Court of Alabama · 1982