Legal Opinion

Sheffield v. Watson

New York Supreme Court

Decided May 15, 1805PublishedCited by 8 opinions

ASSUMPSIT for work, labour, and materials in making two •drafts and models for the frigate Adams, at the defendant’s request. There being no dispute about the facts, á verdict was taken by consent, subject to the opinion of the court, on the following case.

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ASSUMPSIT for work, labour, and materials in making two •drafts and models for the frigate Adams, at the defendant’s request. There being no dispute about the facts, á verdict was taken by consent, subject to the opinion of the court, on the following case. The defendant, who is publickly known as the navy agent for the general government) in consequence óf orders to have the Adams built, wrote to the plaintiff a letter, bn the subject of present suit, couched in these words. July 8, 1798. “ SIR, “ I pray you to make a draft of the ship as soon as possibles ” ^01' which you Shall have the…

1Opinion of the Court

Per curiam, delivered by

Livingstoh, J.

It is not enough the plaintiff knew the defendant to be navy agent, and that the frigate, whose model he was to make, was to be a public ship of war. Before we send him to government for redress, it should appear, as well that Watson contracted in his official character, and on account of the United States, as that Sheffield gave credit, and intended to look to the government alone for compensation. No one would do any thing for a public agent, were he compelled for every demand, however small, to send his account to the seat of government, qr to petition…

2Cases cited1 opinion

  1. Hodgson v. DexterSupreme Court of the United States · 1803

3Cited by8 opinions

  1. Duvall v. CraigSupreme Court of the United States · 1817
  2. United States v. AngellDistrict Court, D. New Hampshire · 1881
  3. Adams v. WhittleseySupreme Court of Connecticut · 1821
  4. Nichols v. MoodyNew York Supreme Court · 1856
  5. Underhill v. GibsonSuperior Court of New Hampshire · 1821

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