Lyles v. Styles
U.S. Circuit Court for the District of Pennsylvania
Action upon an account. The principal question of law arose on the following facts: The plaintiff shipped on board the defendant’s vessel, which he commanded, a parcel of goods, on the joint account and risk of plaintiff and defendant, to he carried to Port Republican; where, by agreement, the same were to be sold by the defendant, for the joint account, without any charge by defendant for freight or commission. The bill of lading and invoice corresponded.
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Action upon an account. The principal question of law arose on the following facts: The plaintiff shipped on board the defendant’s vessel, which he commanded, a parcel of goods, on the joint account and risk of plaintiff and defendant, to he carried to Port Republican; where, by agreement, the same were to be sold by the defendant, for the joint account, without any charge by defendant for freight or commission. The bill of lading and invoice corresponded. It was proved, by a clerk, of the plaintiff, that in order to diminish the duties to be paid at Port Republican, where the duties were…
1Opinion of the Court
WASHINGTON, Circuit Justice (charging jury).
The plaintiff and defendant were jointly concerned in this adventure, and the defendant had the power and interest of a partner, as to its disposition. The letter from the plaintiff to the defendant, is improperly called a letter of instructions, or even an agreement by defendant, to sell for cash or produce. The plaintiff had a right to advise, but not to order; and such is the style of the letter. If you are of opinion that the conduct of the defendant was perfectly fair, then there is no ground upon which to charge him with the loss of these…
2Cited by4 opinions
- Lind v. WebberNevada Supreme Court · 1913
- Jenkins v. PeckinpaughIndiana Supreme Court · 1872
- Tucker v. JuddHawaii Supreme Court · 1870
- Gamble v. HanchettNevada Supreme Court · 1912