Tuthill v. Wheeler
New York Supreme Court
This was an action of trover to recover the value of a canal boat. It was tried at the Sullivan circuit, in September, 1846, before Barculo, Circuit Judge.
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This was an action of trover to recover the value of a canal boat. It was tried at the Sullivan circuit, in September, 1846, before Barculo, Circuit Judge. It appeared upon the trial that on the 1st day of March, 1845, the plaintiff entered into a contract with the Delaware and Hudson Canal Company, whereby he agreed to take charge of and navigate the boat in question, during the season of navigation, in conformity with the orders and directions of the company, and to hold himself accountable to the company for any injury done to the boat. The company, on their part, agreed to pay for every…
1Opinion of the Court
By the Court, Harris, J.
The agreement between the Delaware and Hudson Canal Company and the plaintiff can scarcely be considered as amounting even to a conditional sale *364of the boat. The plaintiff, it is true, was to take charge of, and navigate it during the season, but he was to do so, in conformity with the orders and directions of the company, and in every respect, was to act as their servant. They reserved the right to discharge him from their employment at pleasure, and to resume the absolute possession of the boat; and in that case, they were not even to be accountable for the $8 per…
2Cases cited2 opinions
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