Legal Opinion

Bradford v. Kimberly & Brace

New York Court of Chancery

Decided September 28, 1818PublishedCited by 12 opinions

IN August, 1813, the defendants, Jlbijah Weston, Benjamin Merritt, and others, were joint owners of a vessel and cargo fitted out from New-Haven, Connecticut, to Porto Rico, where the cargo was sold, and the proceeds invested in a cargo of coffee, &c. shipped on board the brig Edgardo, consigned to P. Harmony, of Newport, where it arrived.

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IN August, 1813, the defendants, Jlbijah Weston, Benjamin Merritt, and others, were joint owners of a vessel and cargo fitted out from New-Haven, Connecticut, to Porto Rico, where the cargo was sold, and the proceeds invested in a cargo of coffee, &c. shipped on board the brig Edgardo, consigned to P. Harmony, of Newport, where it arrived. P. Weston owned ihree-eights of the return cargo, and previous to its arrival at Newport, sold and assigned his interest to Ralph Bulkley, who, after the arrival of the cargo, to wit, on the 21st of March, 1814, assigned the three-eights thereof, so…

1Opinion of the Court

The cause stood over for consideration until this day.

The Chancellor.

It appears in proof that the owners of the cargo of the Edwardo, in January, 1814, appointed the defendants their agents to receive and sell the cargo, and distribute the proceeds. The defendants were at the same time part owners; but this special agency was altogether distinct from their ordinary powers as part owners, and they were to be considered, for this purpose, as agents for the company; and in that character they were entitled to their commissions or compensation, in the same manner as any other persons, being…

2Cases cited1 opinion

  1. Franklin v. RobinsonNew York Court of Chancery · 1814

3Cited by12 opinions

  1. Haley v. BennettSupreme Court of Alabama · 1837
  2. Emerson v. DurandWisconsin Supreme Court · 1885
  3. Hoag v. AldermanMassachusetts Supreme Judicial Court · 1903
  4. Zimmerman v. HuberSupreme Court of Alabama · 1856
  5. Cramer v. BachmannSupreme Court of Missouri · 1878

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