Opinion
03-20-1812
Poindexter v. Wilton and Others
In this case an action for covenant broken was brought against the appellant, in the county court of Bedford, " for the benefit of John Gowing," in the name of William Wilton, James Ayers and others, overseers of the poor of said county, successors of David Saunders and others. The declaration charged, that, on the 15th day of May, 1793, Thomas Leftwich and Charles Moorman, then acting in the office of overseers of the poor for the county aforesaid, by a certain indenture sealed with their seals, & c., bound the said John Gowing until he should arrive at the age of twenty-one years; " and the said Samuel Poindexter covenanted and agreed with the said Thomas Leftwich and Charles Moorman, then acting as overseers of the poor, to learn the said John Gowing the carpenter's trade, and also to learn him to write, and read the Bible, and common arithmetic, including the rule of three; and during his apprenticeship, to find him sufficient diet, clothing, lodging, and washing; and, at the expiration of his apprenticeship, to pay him his freedom dues according to law; " and that the said Samuel Poindexter had altogether broken his said covenant in every particular. [*]
The defendant pleaded that he had not broken his covenant. A general verdict was found for the plaintiffs, and damages were assessed to two hundred dollars. Judgment was entered accordingly, and, on appeal, affirmed by the district court; whereupon the defendant appealed to this court.
OPINION
Brooke Judge
Friday, March 20th, 1812, JUDGE BROOKE reported the court's opinion to be, (without deciding any other point in the cause,) that the appellees could not maintain this action. The judgments of both the courts below were, therefore, reversed, and judgment was entered for the appellant.
[*]Note. The indenture in this case appears to have been defective. The covenant on the part of Poindexter should have been, " to and with the said overseers of the poor." & c. " and to and with the said John Gowing." & c. See Hening's Justice, p. 67. --Note in Original Edition.