Oregon Steamship Co. v. Otis
New York Supreme Court
The action was brought by the plaintiff, the Oregon Steamship Company, to recover $13,465.25 alleged to have been paid to the defendant George K. Otis, as plaintiff’s agent, by the U. S. government.
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The action was brought by the plaintiff, the Oregon Steamship Company, to recover $13,465.25 alleged to have been paid to the defendant George K. Otis, as plaintiff’s agent, by the U. S. government. The gravamen of the complaint was, that the defendant had taken in his own name certain contracts for carrying the U. S. mails upon a subsidiary agreement between plaintiff and defendant, that plaintiff was to carry the mails according to contract, and that defendant was to have two and a-half per cent, for collecting the compensation therefor and paying it over to the plaintiff. The defendant…
1Opinion of the CourtBrady, J.
It appears that in March 1874, and while a former mail contract was still running which the plaintiff was performing, a further contract was made for the same service for the term of four years, to begin at the termination of the then existing con*390tract, namely, July 1, 1874, and that the defendant was named as the contractor under the following circumstances : The postmaster-general had advertised according to law for bids for the contract. The president of the company being in Oregon telegraphed and wrote to one Thompson, who was then in Washington, to bid for the contract, and authorized…
2Cases cited36 opinions
- Rosenthal v. WalkerSupreme Court of the United States · 1884
- Mactier's Administrators v. FrithCourt for the Trial of Impeachments and Correction of Errors · 1830
- Phillip v. . GallantNew York Court of Appeals · 1875
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
- State of Connecticut v. BradishMassachusetts Supreme Judicial Court · 1817
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3Cited by1 opinion
- Radt v. RosenfeldAppellate Terms of the Supreme Court of New York · 1897