Pipsico v. Bontz

Decided April 15, 1829

Indebitatus assumpsit for work and labor. The plaintiff offered evidence of a special agreement for $100 a year, and that the service was performed according to the agreement. The defendant’s counsel objected, that there was no count upon the special agreement.

Decided 1829-04-15

¶1The Court overruled the objection on the authority of the Bank of Columbia v. Patterson, 7 Cranch, 299.

¶2The defendants’ counsel offered a free mulatto as a witness for the defendants.

¶3Mr. Taylor, for the plaintiff, objected; and cited the Virginia laws, Rev. Co. 187, December 17,1792, c. 103, § 5, that “ no negro or mulatto shall be a witness, except in pleas of the commonwealth against negroes or mulattoes; or in civil pleas where negroes or mulattoes alone shall be parties.” The Court rejected the witness.

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