Vasse v. Smith
Supreme Court of the United States
ERROR to the circuit court for the district of Colunibia. . qqle declaration had tw.o counts; firsL a special count, charging the .defendant Smith, who was a¡ supercargo, w¡fo breach of orders; second, trover.
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ERROR to the circuit court for the district of Colunibia. . qqle declaration had tw.o counts; firsL a special count, charging the .defendant Smith, who was a¡ supercargo, w¡fo breach of orders; second, trover. The firs count stated that Vasse, the plaintiff, was owner an(j ^-ssessed of 70 barrels of flour, and, at the instance arfo request of the defendant, put it on board * schooner at Alexandria to be shipped to Norfolk, under the care, management 'and direction of the de» fendant, to be by him sold for and on account of the plaintiff, at Norfolk, for cash, or on a credit at 60 days, fo…
1Opinion of the Court
Marshall, Ch. J.
delivered the opinion of tha court as follows:
The first error, alleged in this record, consists in sustaining the plea of infancy tó the first count in the declaration.
This count states a contract between the plaintiff and defendant, by which the plaintiff committed seventy-barrels of flour to the care of the defendant, to be carried, to Norfolk, and there sold for money, or on. sixty' days’ credit payable'in drafts on Alexandria negotiable in the bank. The plaintiff. then alleges that the defendant did not perform his duty in selling conformably to his instructions, but, by…
2Cited by43 opinions
- Hall v. CorcoranMassachusetts Supreme Judicial Court · 1871
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- Rice v. BoyerIndiana Supreme Court · 1886
- Miller v. Pyrites Co.Court of Appeals for the Fourth Circuit · 1934
- Charles Towne & Co. v. WileySupreme Court of Vermont · 1851
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