Shiras v. Morris
Court for the Trial of Impeachments and Correction of Errors
Assumpit, tried at the' New York sittings, April 22d, 1822, before Woodworth, J. The action was for money advanced by the plaintiff, to be applied in finishing the steamboat New Orleans, built by a voluntary association of persons calling themselves the New Orleans and Natches Company, of which the defendants were members with Eobert Fulton, in his life■fcimc , On the trial, the plaintiff relied on David Oooke, as the witness to make out his case.
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Assumpit, tried at the' New York sittings, April 22d, 1822, before Woodworth, J. The action was for money advanced by the plaintiff, to be applied in finishing the steamboat New Orleans, built by a voluntary association of persons calling themselves the New Orleans and Natches Company, of which the defendants were members with Eobert Fulton, in his life■fcimc , On the trial, the plaintiff relied on David Oooke, as the witness to make out his case. He swore that he was the agent of Fulton, from the spring of 1814, till 'his death. John Livingston had the agency immediately before, and the…
1Opinion of the Court
Curia, per Sutherland, J.
I am inclined to think Cooke was an incompetent witness. He had no authority, as agent of the company, to draw a bill of exchange upon them. Ho express authority is pretended. He was rather the sub-agent of Fulton, than the agent of the company ; and it affirmatively appears that this was the only bill ever drawn by him on- the company. They, therefore, have never ratified or sanctioned this assumed authority. The bill was moreover drawn in the individual name of Cooke, not as agent; and there is nothing *appearing on the face, *62of the bill to show that he was acting…
2Cases cited4 opinions
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Forster v. FullerMassachusetts Supreme Judicial Court · 1809
- Hulse v. YoungNew York Supreme Court · 1819
3Cited by3 opinions
- Britton & Hadley v. FrinkNew York Court of Appeals · 1847
- Fisher v. StevensIllinois Supreme Court · 1855
- McCall v. SinclairSupreme Court of Alabama · 1848