Banorgee v. Hovey
Massachusetts Supreme Judicial Court
This was an action of the case in assumpsit. The count in the declaration relied on by the plaintiff, alleged “ that whereas the said Hovey, Wood, and Harris, together with Clement Jackson and William P. Smith, (who have become bankrupts, and received a certificate of discharge) at Portsmouth, viz. at said Boston, on the first day of November, in the year of our Lord 1796, were owners of a certain cargo laden on board a certain ship called the Pomona, then bound on a voyage…
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This was an action of the case in assumpsit. The count in the declaration relied on by the plaintiff, alleged “ that whereas the said Hovey, Wood, and Harris, together with Clement Jackson and William P. Smith, (who have become bankrupts, and received a certificate of discharge) at Portsmouth, viz. at said Boston, on the first day of November, in the year of our Lord 1796, were owners of a certain cargo laden on board a certain ship called the Pomona, then bound on a voyage to Calcutta in the East Indies, on account of the [ * 12 ] said owners, *and intended by them to receive "n said Cal…
1Opinion of the Court
term, when the judges delivered their opinions, seriatim, as follows:—
Parker, J.
[After a brief statement of the declaration, the evidence on the trial as reported by the judge, and the two points reserved by him.] With respect to the last point reserved, viz. that the defendants were not responsible for any moneys taken up by Smith, unless he had pursued his authority strictly, and drawn bills of exchange upon them, according to the letter of his instructions, I am of opinion that it cannai avail the defendants. Smith was joint owner, as well as supercargo; he was intrusted with the…
2Cases cited2 opinions
- Ward v. JohnsonMassachusetts Supreme Judicial Court · 1816
- M'Lellan v. DaltonMassachusetts Supreme Judicial Court · 1813
3Cited by25 opinions
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1814
- Blood v. GoodrichNew York Supreme Court · 1832
- Storer v. LoganMassachusetts Supreme Judicial Court · 1812
- Harrell v. HillSupreme Court of Arkansas · 1857
- Hanford v. McNairNew York Supreme Court · 1832
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