Fanning v. Consequa
Court for the Trial of Impeachments and Correction of Errors
APPEAL from the Court of Chancery. The respondent, a native merchant of* Canton, in China, in January, 1813, filed his bill in the Court of Chancery, stating, particularly, various shipments and consignments of goods by the respondent, to the appellants, (ship owners and commission merchants,) residing ⅛ Neic- York, for sale, &c., and other transactions between them, between the years 1805 and 1813 ; that the appellants, by Obed Chase, their authorized agent, on the 19th of…
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APPEAL from the Court of Chancery. The respondent, a native merchant of* Canton, in China, in January, 1813, filed his bill in the Court of Chancery, stating, particularly, various shipments and consignments of goods by the respondent, to the appellants, (ship owners and commission merchants,) residing ⅛ Neic- York, for sale, &c., and other transactions between them, between the years 1805 and 1813 ; that the appellants, by Obed Chase, their authorized agent, on the 19th of January, 1811, gave the plaintiff’ a promissory note dated at Canton, for 35,777 dollars and 50 cents, twelve months…
1Opinion of the CourtPlatt, J.
The chancellor has justly considered the written contract of the 1st of November, 1807, signed by Consequa and Edmund Fanning, as virtually waived and abandoned, by mutual consent of the parties.
*406I also fully concur with him in opinion, that the cargo of goods shipped in the “ Chinese,” and for which Ohed Chase gave a note, as agent for the appellants, must be deemed as goods sold and delivered by Consequa to them at Canton. Even admitting that Chase had no previous authority to make such a purchase, or to give such a note, on account of the appellants, yet as they actually received and…
2Cases cited1 opinion
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