Johnson v. Morris
Supreme Court of Georgia
Action on Account for Negro Hire, in Randolph Superior Court. Tried before Judge Kiddoo, December 1856. This was an action brought by James G. Morris, pi aintiff below, against Jacob Johnson defendant below, for the recovery of ninety dollars, alleged to be due for the hire of a negro in the year 1852. The plaintiff proved by Reuben Dean, that in the spring or summer of 1852, witness was requested by plaintiff to go with him over to defendant’s house; that defendant had sent…
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Action on Account for Negro Hire, in Randolph Superior Court. Tried before Judge Kiddoo, December 1856. This was an action brought by James G. Morris, pi aintiff below, against Jacob Johnson defendant below, for the recovery of ninety dollars, alleged to be due for the hire of a negro in the year 1852. The plaintiff proved by Reuben Dean, that in the spring or summer of 1852, witness was requested by plaintiff to go with him over to defendant’s house; that defendant had sent for him to go over and- get his notes for the hire of a negro ; that plaintiff wrote out small notes and carried them…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
It is not pretended that the negro, for whose hire this suit is brought, was originally hired by Johnson of Morris. It is *240insisted however, that under a contract between Jones and Johnson, Johnson was to become paymaster to Morris. Morris contends that the agreement was absolute; Johnson that it was conditional. Let it be either way, it was a parol understanding to pay the debt of another, and therefore void. Let Morris sue Jones, and Jones, Johnson; and if the latter be insolvent, Johnson can be garnisheed.
Was it competent to prove the…
2Cited by1 opinion
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