Bostick v. Hardy
Supreme Court of Georgia
Complaint, from Sumter county. Tried before Judge Allen, at April Term, 1860. The plaintiff in error brought this action to recover the sum of $350 00, alleged to be the balance due him on an account for a negro slave sold by plaintiff to defendant.
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Complaint, from Sumter county. Tried before Judge Allen, at April Term, 1860. The plaintiff in error brought this action to recover the sum of $350 00, alleged to be the balance due him on an account for a negro slave sold by plaintiff to defendant. On the trial, the plaintiff introduced the defendant, Hardy, who testified, that on the 25th day of May, 1859, he, defendant, bought of William Spencer, as agent of plaintiff, a negro woman named Sarah; that Spencer made him a bill of sale, as agent of plaintiff, under a power shown in a letter from plaintiff-to Spencer — which letter was also put…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
The non-suit was awarded in this case when the idea that the plaintiff’s own proof showed that he had been fully paid. The payment of the seventy dollars to the agent of the plaintiff by simply acquitting the agent of a debt of that amount which he owed to the defendant, was no payment to the plaintiff. A payment cannot be made to an agent who is known to be such by acquittances of the agent’s personal debts.
Judgment reversed.
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