Miller v. Livingston
New York Supreme Court
This was an action of assumpsit, brought by the plaintiff as the factor of the defendant, for the amount of his commissions on selling a quantity of leather. The cause was tried before Mr. Justice Kent, at the New York circuit, in March, 1801, when the following facts were given in evidence. That in January, 1795, the plaintiff sailed, in the character of master and supercargo of the ship Somerset, belonging to the defendant, on a voyage from New York to Bordeaux, in France.
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This was an action of assumpsit, brought by the plaintiff as the factor of the defendant, for the amount of his commissions on selling a quantity of leather. The cause was tried before Mr. Justice Kent, at the New York circuit, in March, 1801, when the following facts were given in evidence. That in January, 1795, the plaintiff sailed, in the character of master and supercargo of the ship Somerset, belonging to the defendant, on a voyage from New York to Bordeaux, in France. The vessel was laden with a very valuable cargo, consisting of a variety of articles, besides a quantity of leather,…
1Opinion of the CourtThompson, J.
The two questions presented for the opinion of the court in this case are,
1st. As to the admissibility of the evidence taken under the. commission. [1]
2d. Whether the plaintiff was entitled to any commissions on the leather delivered to the French government ? and if to any, what rate was to be allowed ?
I shall pass over the first point, as to the admissibility of the proof, the other being the principal question, and going to the merits of the action. Admitting the letters to have been sufficiently proved, I think they will not warrant a construction that the plaintiff was to have…
2Cases cited1 opinion
- Jackson ex dem. Woodruff v. ShepherdNew York Supreme Court · 1826