Bainbridge v. Downie
Massachusetts Supreme Judicial Court
This was a special action of the case, in which the plaintiff alleges that he, on the 5th day of July, 1806, was chief officer and commander of gunboat No. 11, belonging to the United States, and on that day shipped and engaged to serve on board said gunboat, for her then next cruise, as seaman, one Matthias Bowers, and that the defendant, by his memorandum, in writing by him subscribed, became surety for the said Bowers, and thereby obliged himself, as such, that Bowers…
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This was a special action of the case, in which the plaintiff alleges that he, on the 5th day of July, 1806, was chief officer and commander of gunboat No. 11, belonging to the United States, and on that day shipped and engaged to serve on board said gunboat, for her then next cruise, as seaman, one Matthias Bowers, and that the defendant, by his memorandum, in writing by him subscribed, became surety for the said Bowers, and thereby obliged himself, as such, that Bowers should repair on board the gunboat aforesaid in proper time, and proceed to sea, or, in default thereof, that the defendant…
1Opinion of the CourtSewall, J.
Several questions have been argued in this case but it is not necessary to express a decision upon more than one of them, — that which goes to the form of the action, — as we are all of the opinion that this action, brought in the name of the officer, is not supported.
Public officers have been holden not liable for the contracts which they make in their public capacity, and in the course of their employment, for the public; and, upon this general principle, that in this agency they are merely servants, and not factors, who acquire an interest in their contracts for their principals. (3) But,…
2Cases cited1 opinion
- Hodgson v. DexterSupreme Court of the United States · 1803
3Cited by8 opinions
- Bowers v. American Surety Co.Court of Appeals for the Second Circuit · 1929
- Townsend v. HoyleSupreme Court of Connecticut · 1849
- Bissell v. SpencerSupreme Court of Connecticut · 1832
- Bryant v. OwenSupreme Court of Alabama · 1834
- Commissioners of the Canal Fund v. PerryOhio Supreme Court · 1831
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