Nesbitt v. Drew
Supreme Court of Alabama
Error to the Circuit Court of Cherokee. Tried before the Hon. Thomas A. Walker. Assumpsit by the defendant against the plaintiffs in error on a promissory note for one hundred and sixty-eight dollars, made by them to him for the hire of two slaves, dated the 23d January 1847, and payable the 25th January 1848. On the trial, the defendants, after the plaintiff had read the note sued on and rested, introduced in evidence an instrument of which the following is a copy: “I, John…
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Error to the Circuit Court of Cherokee. Tried before the Hon. Thomas A. Walker. Assumpsit by the defendant against the plaintiffs in error on a promissory note for one hundred and sixty-eight dollars, made by them to him for the hire of two slaves, dated the 23d January 1847, and payable the 25th January 1848. On the trial, the defendants, after the plaintiff had read the note sued on and rested, introduced in evidence an instrument of which the following is a copy: “I, John Drew, this day hired unto Wilson Nesbitt my two negro men, Jeffro and Daniel, for the term of twelve months from the…
1Opinion of the CourtChilt.on, J.
The two agreements found in this record, entered into between the same parties on the same day, bearing even date and refering to the same subject matter, must be construed and considered as forming one contract, as though they .were both embraced in the same instrument. Thus considered, they are in substance as follows : Drew hires to Nesbitt his two negro men, Jeffro and Daniel, for the term of twelve months, commencing the 25th January IS47 and closing the 25th January 1S4S : He is to clothe said negroes comfortably and is to deduct or account to said Nesbitt for all the time of said…
2Cases cited4 opinions
- Merriweather v. TaylorSupreme Court of Alabama · 1849
- Givhan v. Dailey's Admr'xSupreme Court of Alabama · 1842
- Hogan v. CarrSupreme Court of Alabama · 1844
- Wright v. TurnerSupreme Court of Alabama · 1827
3Cited by3 opinions
- Wolfe v. ParhamSupreme Court of Alabama · 1850
- Jones v. FortSupreme Court of Alabama · 1860
- Harris v. MaurySupreme Court of Alabama · 1857