Caldwell v. Dickson
Supreme Court of Missouri
Error to Marion Circuit Court. This was an action on the following instrument: “West Ely, Mo., December 25th, 1860. Know all men by these presents, that I, William T. Dickson, have this day hired of Mr. L. G-. Caldwell a negro girl named Annie, to have the said girl until the 25th day of December, 1851, at which time said girl to be delivered up to said Oaldwell.
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Error to Marion Circuit Court. This was an action on the following instrument: “West Ely, Mo., December 25th, 1860. Know all men by these presents, that I, William T. Dickson, have this day hired of Mr. L. G-. Caldwell a negro girl named Annie, to have the said girl until the 25th day of December, 1851, at which time said girl to be delivered up to said Oaldwell. Eor the hire of said girl I am to pay fifty dollars in cash and her doctor’s bill, and also to clothe her comfortably according to the season, and return her in the same condition. I am also to pay her taxes. Witness my hand and seal…
1Opinion of the CourtRichardson, Judge
The contract between the parties to this action on which the suit was brought is in writing, and its construction was a *62matter of law to be decided by the court and not by the jury. The principles on which this case was to be retried were laid down by this court in 17 Mo. 575, and it is hardly necessary to repeat that the hire of the slave was not due by the terms of the contract until the end of the year, and if the plaintiff before that time took the slave from the defendant’s possession without his consent, or without the right to do so secured by contract with the defendant, he can not…
2Cases cited1 opinion
- Caldwell v. DicksonSupreme Court of Missouri · 1853