Kingston v. Kincaid
U.S. Circuit Court for the District of Pennsylvania
The award in this case, having been set aside last term [Case No. 7,821], the cause came on now, to be tried on the general issue. The following short statement, will be sufficient to explain the principal points, which arose in the cause; the particular facts on which these points rested, will be noticed in the charge.
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The award in this case, having been set aside last term [Case No. 7,821], the cause came on now, to be tried on the general issue. The following short statement, will be sufficient to explain the principal points, which arose in the cause; the particular facts on which these points rested, will be noticed in the charge. The plaintiff, Stephen Kingston, a merchant of Philadelphia, in July, 1799, sent two of his vessels, the Spy. and the Eliza, to Barbadoes, with cargoes, under the management of his brother Henry, the supercargo; who was invested with certain powers, as to the destination of…
1Opinion of the CourtWashington, Circuit Justice
(charging jury). To rid the case of the second question at once, it is only necessary to observe, that all the powers communicated to Iving-hom, by the letter of attorney, were transferred to Henry Kingston, by the substitution. That Kinghorn had an authority to take goods from the defendants, in discharge of their debt to the plaintiff; and consequently, Henry Kingston had the same authority. But an attorney authorized to receive a debt, due to his principal, cannot commute that debt, for one due from himself to the debtor, by the mere operation of exchanging one for the other. The debtor…
2Cited by1 opinion
- Williams v. . JohnstonSupreme Court of North Carolina · 1885