Lutz v. Van Heynigen Brokerage Co.
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. • Assumpsit by E. Lutz against the Van Heynigen. Brokerage 'Company, a corporation. Judgment for defendant, and plaintiff-appeals. The facts and the cause of action are sufficiently stated in the opinion. Count 4 alleges that plaintiff did rely upon said representation and warranty, did make and enter into said charter party purporting to bind the' owners of the schooner Goldfield.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. • Assumpsit by E. Lutz against the Van Heynigen. Brokerage 'Company, a corporation. Judgment for defendant, and plaintiff-appeals. The facts and the cause of action are sufficiently stated in the opinion. Count 4 alleges that plaintiff did rely upon said representation and warranty, did make and enter into said charter party purporting to bind the' owners of the schooner Goldfield. Plaintiff avers said defendant was without authority from said owners, and that the action of defendant in executing said charter party…
1Opinion of the CourtMcCLELLAN, J.
The appellant and the appellee were the . respective parties plaintiff and defendant in the court below. The verdict and judgment for the defendant was immediately consequent upon the action of the court in giving the general affirmative charge for the defendant at its request.
The plaintiff (appellant) would fix liability on the defendant (appellee) in consequence of a charter party for the schooner Goldfield executed, as will later appear, to the plaintiff as charterer. The first three counts of the complaint proceed on the theory that the defendant bound itself by the contract or charter —…
2Cases cited25 opinions
- The Steamboat Orleans v. PhœbusSupreme Court of the United States · 1837
- Metcalf v. WilliamsSupreme Court of the United States · 1881
- Ballou v. TalbotMassachusetts Supreme Judicial Court · 1820
- Boykin v. Bank of MobileSupreme Court of Alabama · 1882
- Long v. ColburnMassachusetts Supreme Judicial Court · 1814
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3Cited by34 opinions
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- Air Conditioning Engineers, Inc. v. SmallSupreme Court of Alabama · 1953
- Stern v. LiebermanMassachusetts Supreme Judicial Court · 1940
- AETNA LIFE INSURANCE COMPANY INC. v. HareCourt of Civil Appeals of Alabama · 1972
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