¶1I concur on the ground that the trust was executed as to Swift, and that Ohurr’s title was good during the life of Swift. On the other point I express no opinion, but am inclined to think assump-sit would not lie, unless money, had been actually received, so as to constitute Churr an agent.
22 S.C.L. 282
Caldwell v. Ford
Court of Appeals of South Carolina
Decided February 20, 1837
Court of Appeals of South Carolina · decided 1837-02-20
Tried before his Honor Judge Gantt, Charleston, May Term, 1836. Judge’s Report. — This action was brought to recover the wages of negroes Miley and child, for the time Churr had possession of them. It was agreed that the evidence offered in the action of detinue, should be received as evidence in this case, and certain addiiional evidence which accompanies this report was introduced. The jury found for the plaintiff.
Decided 1837-02-20