Trongott v. Byers
New York Supreme Court
Assumpsit for the work and labor of the plaintiff, by his slave. Plea, the general issue, and notice of setting off necessary articles furnished the plaintiff’s slave, while at work with the -defendant. The cause was tried at the Montgomery circuit, in May, 1824, before Nelson, C. Judge.
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Assumpsit for the work and labor of the plaintiff, by his slave. Plea, the general issue, and notice of setting off necessary articles furnished the plaintiff’s slave, while at work with the -defendant. The cause was tried at the Montgomery circuit, in May, 1824, before Nelson, C. Judge. It was proved on the trial, that Peter Gilbert, a black man, (then about 30 years of age,) previous to the 28th of May, 1819, worked for one Paff, as a slave, and Paff claimed him as such, about 2j years. That Paff then promised him that if he would stay and work on his farm (which he had then leased to the…
1Opinion of the Court
Curia, per Sutherland, J.
The evidence, was, prima facie, sufficient to establish the fact that Peter was the slave of Paff. Peter, himself, testified that he lived with Paff, and worked with him on his farm as a slave; and that Paff claimed his services as a slave. This was sufficient, in the first instance, without tracing him back to his infancy, and showing that he ivas born a slave.
That the contract between Paff and the plaintiff amounted to a sale of the negro there can be no doubt. The latter was to have the services of Peter during his natural life ; but if he sold him within two…
2Cases cited2 opinions
- James v. Le RoyNew York Supreme Court · 1810
- Wells v. LaneNew York Supreme Court · 1812
3Cited by1 opinion
- Hogan v. KurtzSupreme Court of the United States · 1877