Hunt vs. Isaac Sapp, Fleming Co., KY Circuit Court
Circuit & County Sct
vs } In ordinary
27th December 1853
M. Alexander & Wm. H. Cord [attorneys]
Plaintiff States that the defendant by the Indenture of apprenticeship (a Copy of which will in due time be filed as part hereof marked "A.") Covenanted as therein Stipulated. and although he labored and Served the Said defendant the full period he was bound _to labor_ for defendant.
Yet the defendant did not on plaintiff arriving at the age of 21 years pay him Said L3-105 equal to $11.66 2/3 nor furnish him the Said clothes which should have been worth equal to $50.00 And he failed & refused to, and did not Send Plaintiff to school at all [the words at all are crossed out or underlined] for learn or Cause him to be taught to _read_, _or_ _write_, or to the Single rule of three in Arithmetic which alone. for want of the education has injured him and thereby damaged him to the amount of $1000. -- In all he has thus, by said _failure_ of defendant to perform his Covenant, been damaged at least $1066.66 2/3. and which defendant refuses to pay or Satisfy
he prays for a Judgment for said damages, and Costs- or for general relief Cord
Saml. Hunt [same handwriting as above]
I _believe_ the facts Set forth in the foregoing petition by me are true.
Samuel x x Hunt
to_ in due form of law _before_ me by Samuel Hunt this the
27 Dec. 1853.
[Signature unreadable] E. F. C.
Fleming Circuit Court Sct
The defendant Isaac Sapp for answer to plaintiffs petition States that
the plaintiff ought not to have and maintain his said petition because he States
that it is not True that the plaintiff Served and Labored for the defendant the
full period for which he was bound and for which he was apprenticed to this
Defendant. And for further answer the Defendant says that by an order of the
Fleming County court made at the March Term 1841 that the plaintiff was
apprenticed and bound to the Defendant for the period of eight years from and
after October 1841 or untill the plaintiff should attain to the age of Twenty
one years. and the Defendant States
that the plaintiff left and runaway from the defendant in the summer of 1845. More than three years before the experation of the time or
before he had attained the age of Twenty one years and the defendant States that
during the time the plaintiff Continued with the
Defendant that he this defendant did ruele? and Truely teach the plaintiff the
art and mystery of farming. and did
constantly find the plaintiff in neat lodging and wearing apparell fit for an
apprentice to have. and did- Send
him to School and cause him to be learned to read and write. and So long as the
plaintiff served with the Defendant this Defendant in all things keeped and
performed his said Covenant. and in
so far as he may have failed it was produced by the Conduct of the plaintiff in
breaking the covenant on his part.
for further answer the Defendant States that the plaintiff ought not to have and
maintain his petition because the plaintiff did not keep and perform his
covenant of indenture and by means of the plaintiff running off and absconding
from the Service of the Defendant the defendant was prevented from fully and in
every? particular performing the law on his part. Wherefore he -?- plaintiffs
petition he -?- with costs and for all proper relief.
Isaac Sapp [same handwriting as above]
Fleming County Sct
Isaac Sapp. States that he believes that the facts stated in the
foregoing answer are true.
Isaac Sapp [appears to be same handwriting as above] Sworn before me
Isaac Sapp this 15th March 1854
John M. Harbesonzele
7th April 1854
article of an agreement made and entered into this Apl. 7th 1854 by and between
Isaac Sapp of the county of Fleming and state of Ky. of the one part &
Samuel Hunt of said county & State of the other.
Witnesseth the said parties have a suit now pending in the Fleming
circuit court to the effect that the said Hunt originally was a bound boy to the
said Sapp. & he having failed to give him such an education as the law
required in such cases has sued for the same in said court Now it is under stood by the parties that the suit is to be
dismissed- by the said Hunt in consequence of the payment of Forty seven dollars
& 50 cts by the said Sapp. to be paid in money-the receipt of which is
hereby acknowledged & the said Sapp is to release the said Hunt from all
accounts he may be owing him up to this time. It is further under stood that each party pays their own
costs. given under our Hands--
Isaac X Sapp
Samuel Hunt [Note he doesn't use mark as before]
D. D. Finley