McTyer v. Steele
Supreme Court of Alabama
Appeal from the Circuit Court of Perry. Tried before the Hon. Thos. A. Walker. Trespass ON the case by William McTyer against William Hendrix, William S. Hanna, and John C. Steele, as common carriers, to recover damages for defendants’ breach of duty and contract in failing to deliver to the consignees fifteen bales of cotton, which were shipped by plaintiff on board their flat-boat, and were consigned to McDowell, Withers & Co. at Mobile.
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Appeal from the Circuit Court of Perry. Tried before the Hon. Thos. A. Walker. Trespass ON the case by William McTyer against William Hendrix, William S. Hanna, and John C. Steele, as common carriers, to recover damages for defendants’ breach of duty and contract in failing to deliver to the consignees fifteen bales of cotton, which were shipped by plaintiff on board their flat-boat, and were consigned to McDowell, Withers & Co. at Mobile. The defendants severally pleaded not guilty, in short by consent. On the trial, as the plaintiff’s bill of exceptions shows, “ the plaintiff offered in…
1Opinion of the CourtGoldthwaite, J.
—The general rule is, that to make the principal personally liable, on a written contract made by his agent, it should be executed in his own name, and appear to be his own contract. — Story on Agency, § 161. But there are many exceptions to this rule. Thus it is well settled, that a captain of a ship has an incidental authority to make all contracts belonging to¿he ordinary employment of the vessel, and if he enters into such contracts in his own name, although he may be personally liable, his principal is also responsible. Pickering v. Holt, 6 Greenl. 160; Abbott on Shipp, part 2, ch. 3, §…
2Cited by6 opinions
- Drake v. Elewellen & Co.Supreme Court of Alabama · 1858
- Alabama Great Southern Railway Co. v. NorrisSupreme Court of Alabama · 1910
- Beasley v. WatsonSupreme Court of Alabama · 1867
- Central Railroad & Banking Co. v. CheathamSupreme Court of Alabama · 1887
- Chandler v. CoeSupreme Court of New Hampshire · 1874
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