17 Mo. 575 | Mo. | 1853
delivered the opinion of the court.
This was an action on a note for the hire of a female slave for a stated period, payable at the end of the service. Before the expiration of the time for which the slave was hired, the owner unlawfully took her from the possession of the person to whom she was hired. The court below gave judgment against the defendant for a part of the hire, proportioned to the time the slave remained with him.
Caldwell, after insulting the family of Dickson, in the absence of the head of it, by ordering away a servant in their employ, to whose services they were justly entitled, should not be permitted to come into a court of justice, apportion his contract, made necessary by his own wrong, and award to himself the compensation he deems just. Many persons hire slaves in preference to other laborers, because they believe the contract confers an absolute right to their services during its continuation, and that if the owner takes away his slave, without just cause, he will forfeit the hire for the whole period of the contract. The fear of this forfeiture will restrain the master from
The judgment is reversed,