Booker v. Kirkpatrick

Citations

• 26 Va. 145
• 26 Gratt. 145

Syllabus

<p>B and H were partners carrying on business in the state of Missouri, H living there and attending to the business, and B living in Virginia. In March 1861 they hired of K, several slaves to work in their factory, from that time to the end of the year, and they executed their three notes to K for the amount of the hires; and the slaves continued to work during the year in the factory. The war between the U S and the C S commenced the 17th of April 1861 and continued until 1865. Held:</p> <p>1. B living in Virginia, a part of the Confederate States, and H ■ living in Missouri, a part of the United States, their partnership was dissolved by the war.</p> <p>2. But both partners are liable to K on their notes for the hire of the slaves, notwithstanding the dissolution of the partnership.</p> <p>3. During the year 1861 slavery was recognized as existing both by the United States and Missouri, and slaves owed no allegiance to either; and there could be no demand for their services by the United States or the state, which could occasion a failure in part of the consideration of the notes.</p>