Stocking v. Sage
Supreme Court of Connecticut
THIS was an action of assumpsit. The declaration, consisting of two counts substantially alike, stated, that in 1799, the defendants owned the schooner Fox, fitted her out for a voyage, constituted the plaintiff master, and directed him to make as good a voyage as he could for the owners ; that the plaintiff proceeded to Martinique,sold his outward cargo, and remitted part of the proceeds to the owners; that while in Martinique, the plaintiff agreed with Messrs.
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THIS was an action of assumpsit. The declaration, consisting of two counts substantially alike, stated, that in 1799, the defendants owned the schooner Fox, fitted her out for a voyage, constituted the plaintiff master, and directed him to make as good a voyage as he could for the owners ; that the plaintiff proceeded to Martinique,sold his outward cargo, and remitted part of the proceeds to the owners; that while in Martinique, the plaintiff agreed with Messrs. Kiquandon & Co. of that island, to proceed to North-Carolina, there to purchase for them a deck load of cattle, and to return…
1Opinion of the Court
Swift, Ch. .J.
I am of opinion there is no error in the judgment complained of ; and no reason for granting a new trial.
When an agent, acting faithfully, without fault, in the proper service of his principal, is subjected to expense, he ought to be reimbursed. If sued on a contract made in the course of his agency pursuant to his authority, though the suit he without cause, and he eventually succeeds, the law implies that the principal will indemnify him, and refund the expense. For this he can maintain an action of indebitatus assumpsit ; and the proof of these facts will be sufficient to…
2Cited by10 opinions
- Cory Bros. & Co. v. United StatesCourt of Appeals for the Second Circuit · 1931
- Admiral Oriental Line v. United StatesCourt of Appeals for the Second Circuit · 1936
- Anderson v. SpenceIndiana Supreme Court · 1880
- Town of Southington v. Southington Water Co.Supreme Court of Connecticut · 1908
- Redfield v. HaightSupreme Court of Connecticut · 1858
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