Crowell v. Crispin
New York Court of Common Pleas
Appeal from a judgment of the general term of the Marine Court, reversing a judgment at a trial term of that court in favor of the plaintiff. This action was brought by the plaintiff, part owner and agent for the other owners of the brig Josie A. Devereux, to recover the freight on a quantity of guns and pistols from New Orleans to the Continental stores in Brooklyn.
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Appeal from a judgment of the general term of the Marine Court, reversing a judgment at a trial term of that court in favor of the plaintiff. This action was brought by the plaintiff, part owner and agent for the other owners of the brig Josie A. Devereux, to recover the freight on a quantity of guns and pistols from New Orleans to the Continental stores in Brooklyn. The complaint alleged that the goods were transported and delivered to defendant, and that he received them, and agreed to pay the freight. The answer set up two defenses: 1. A general denial, and 2. That defendant was an agent…
1Opinion of the Court
By the Court.*—Daly, Ch. J.
—An officer of the' Govern ment of the United States is not responsible upon contracts made by him officially in the discharge of his public duties, unless he expressly engages to be answerable, or the circumstances are such as to show that he intended to bind himself personally (Nichols v. Moody, 22 Barb. 611; Walker v. Swartwout, 12 Johns. 444; Belknap v. Reinhart, 2 Wend. 375 ; Hodgson v. Dexter, 1 Cranch, 345 ; Girley v. Lord Palmerston, 3 Brod. & B. 275; Macbeath v. Haldiman, 1 T. R. 171). He is not bound even in cases where, by the tetrms of the contract he…
2Cases cited4 opinions
- Hodgson v. DexterSupreme Court of the United States · 1803
- Walker v. SwartwoutNew York Supreme Court · 1815
- Nichols v. MoodyNew York Supreme Court · 1856
- Belknap v. Reinhart & DeitzNew York Supreme Court · 1829