North Carolina, Supreme Court, Raleigh : Henry v Patrick, December 1835
- Published
- Raleigh, North Carolina : North Carolina Supreme Court, 1835.
- Physical Description
- 1 online resource
- Additional Creators
- Adam Matthew Digital (Firm) and North Carolina. Division of Archives and History
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- Series
- Summary
- Debt on a bond. The defendant Patrick, by the evidence of one Dodd, proved that he had sold the plaintiff Henry a slave called Miles, under an agreement that he could return him and have another if he was not to his satisfaction. Later Henry came to Patrick's house and proposed to swap Miles for one Jacob, with payment by means of a bond, to which Patrick assented. Patrick proposed to call at Henry's house in a few days and execute a bill of sale; Henry took Jacob home and returned with Miles. Patrick insisted that the delivery constituted a sale, whilst Henry maintained it was merely a bailment. The judge instructed the jury that this evidence pointed to a sale and delivery of the slave which transferred title to Henry, and jury found for Patrick. Henry appealed to the Supreme Court, which ruled that it should have been left to the jury to determine with what intent the delivery of the slaves had been undertaken, ie whether it was a sale by parol or only a bailment until a written contract should be signed. judgment reversed and new trial.
- Subject(s)
- Other Subject(s)
- Reproduction Note
- Electronic reproduction. Marlborough, Wiltshire : Adam Matthew Digital, 2007. Digitized from a copy held by the North Carolina State Archives.
- Location of Originals
- North Carolina State Archives
- Copyright Note
- Material sourced from the North Carolina State Archives
View MARC record | catkey: 41990473