Houton v. Holliday

• Decision Date: 31 January 1812
• Court: North Carolina Supreme Court
• Parties: CALEB HOUTON v. WILLIAM HOLLIDAY.

6 N.C. 111

CALEB HOUTON

v.WILLIAM HOLLIDAY.

SUPREME COURT OF NORTH CAROLINA

JANUARY TERM, 1812.

From Lenoir.

1. A borrowed of B $200, and to secure the payment thereof pledged to him a negro slave, whose services were worth $60 per year. A paid B the money borrowed, and B delivered to him the slave. A then demanded of B satisfaction for the services of the slave during the time B had him in possession, and upon B's refusal to pay brought suit and declared, (1) upon a quantum meruit. and (2) for money had and received. He is entitled to recover; and the measure of damages is the excess of the value of the slave's services above the interest of the sum borrowed.

2. Equity will always make the mortgagee account for the rents and profits of an estate which he has in possession; and to establish an opposite doctrine in the case of pledges, where the profits exceed the interest of the money lent, would furnish facilities to evade the statute against usury.

3. Wherever a man receives money belonging to another, without any valuable consideration given, the law implies that the person receiving promised to account for it to the true owner; and for a breach of this promise an action for money had and received lies.

HENRY TAYLOR, by his will, dated 21 November, 1799, bequeathed to his daughter Lucy a negro slave named Harry. In March, 1800, Taylor borrowed of William Holliday, the defendant, £100, and to secure the payment thereof executed the following deed, viz.:

STATE OF NORTH CAROLINA—GREENE COUNTY.

Know all men by these presents, that I, Henry Taylor, of the State and county aforesaid, have, for and in consideration of the sum of $200 to me in hand paid by William Holliday, of the said State and county, the receipt whereof is hereby fully acknowledged, bargained, sold and

delivered, and by these presents do bargain, sell and deliver, unto the said William Holliday, one negro man named Harry, to him, the said Holliday, his heirs and assigns forever; and I, the said Henry Taylor, do and will warrant the title of said negro, free and clear from myself, my heirs, executors, administrators, Or assigns. In witness whereof, I, the said Taylor, have hereunto set my hand and seal, this 18 March, 1800.

The condition of the above bill of sale is such that if the said Henry Taylor, his heirs, executors or administrators, do and shall well and truly pay to the said William Holliday or his heirs, on or before 25 December next, the sum of $200, then the above bill of sale shall be null and void; otherwise remain in full force until the said Taylor do pay the sum of $200. Signed, sealed and delivered, the day and year above written.

Teste: TITUS CARR. HENRY TAYLOR, (SEAL.)

Taylor died in April, 1800; his will was duly proved, and Micajah Edwards, the executor therein named, qualified in the same month. The plaintiff intermarried with the legatee, Lucy, in April, 1801; and upon the marriage the executor of Taylor assented to the legacy of the...