Lincoln v. Battelle
New York Supreme Court
This was an action of assumpsit, tried at the New-York circuit in October, 1829, before the Hon. William A. Duer, then one of the circuit judges.
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This was an action of assumpsit, tried at the New-York circuit in October, 1829, before the Hon. William A. Duer, then one of the circuit judges. The plaintiff claimed to recover the balance of an account for wages or salary, as manager or overseer of certain estates of the plaintiff, in the island of St. Croix, and produced an account, certified as just, by Thomas Battelle, as attorney for the plaintiff, on the 27th July, 1821, shewing a balance in favor of the plaintiff of 10,000 pieces of eight, equal to $6,400. Thomas Battelle was the agent of the defendant, and employed overseers in the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The defence in this case was placed on two grounds: 1. It was insisted that the defendant was discharged from liability, on the ground that the plaintiff having dealt entirely with T. Battelle, the defendant’s agent, he had looked to the agent’s responsibility, and not to the defendant; 2. That the defendant had been legally discharged from the payment of this debt, by virtue of a royal grant of the king of Denmark, and of the proceedings under it. Both branches of the defence rest upon the proof contained in the deposition of witnesses, taken under a commission in…
2Cases cited4 opinions
- Le Roy v. CrowninshieldU.S. Circuit Court for the District of Massachusetts · 1820
- Yeaton v. FrySupreme Court of the United States · 1809
- Prentiss v. SavageMassachusetts Supreme Judicial Court · 1816
- Packard v. HillNew York Supreme Court · 1829
3Cited by41 opinions
- Townsend v. JemisonSupreme Court of the United States · 1850
- Hoover v. WiseSupreme Court of the United States · 1876
- Hynes v. . McDermottNew York Court of Appeals · 1880
- Colt v. EvesSupreme Court of Connecticut · 1837
- Sichel v. De CarrilloCalifornia Supreme Court · 1871
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