Jameison v. Calhoun

Citations

• 29 S.C.L. 19

Syllabus

<p>Í. Land, was rented for one year, and after the tenant had entered on the second term, the rent in arrear being paid, the landlord issued a distress warrant, which, after his death, was executed by the plaintiff, a constable, at the instance of the landlord’s administrator, the defendant, who verbally undertook to indemnify him. The tenant sued the officer for a trespass, and recovered, the administrator, upon notice, defending the suit. In an action brought against the administrator on his promise of indemnity, it Was Aeid-that the plaintiff was entitled to recover, as it did not appear from the evidence that he waá guilty of a Wilful trespass, or that he had any other design than to levy the rent due to the landlord.</p> <p>2. 'The faút that plaintiff knew that some of the goods sold were exempt from the distress warrant, under the Act of 1823, (6 Stat. at Large, 214,) not material, as the tenant assented to the sale, and did not claim the exemption.</p> <p>3. It seems that in all the cases, to avoid the obligation of indemnity, the object and design of the parties must be to commit a trespass, or to do some other unlawful act.</p>