Baxter v. Wallace
New York Court of Common Pleas
Appeal by the defendant from a judgment of the Eighth District Court. The action was brought to recover from the defendant the value of certain supplies furnished to the brig Hope, in the port of New York. It appeared in evidence on the trial that the defendant loaned one Webster a sum of money, to secure which Webster caused to be executed to the defendant a hill of sale of the brig, which vessel Webster had purchased at a Marshal’s sale.
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Appeal by the defendant from a judgment of the Eighth District Court. The action was brought to recover from the defendant the value of certain supplies furnished to the brig Hope, in the port of New York. It appeared in evidence on the trial that the defendant loaned one Webster a sum of money, to secure which Webster caused to be executed to the defendant a hill of sale of the brig, which vessel Webster had purchased at a Marshal’s sale. Webster took a paper in the nature of a defeasance, wherein it was provided that upon the re-payment of the loan, with interest, the defendant was to…
1Opinion of the Court
By the Court.
Daly, F. J.
The plaintiffs sought to charge the defendant Wallace as owner of the brig Hope, for supplies furnished to the brig in the port of New York, where the vessel belonged. To charge the defendant personally it was necessary to show that the supplies were furnished either by his express authority, or under circumstances from which an authority would be implied. The supplies were furnished at the request of the mate of the vessel and one Webster. Webster introduced the mate to the plaintiffs, and told them to deliver what goods he might oi'der for the brig, and to present…
2Cases cited5 opinions
- Dunham v. DeyCourt for the Trial of Impeachments and Correction of Errors · 1818
- Leonard & M'Cartee v. HuntingtonNew York Supreme Court · 1818
- Ring v. FranklinThe Superior Court of New York City · 1829
- Sharp v. United InsuranceNew York Supreme Court · 1817
- Hesketh v. StevensNew York Supreme Court · 1849
3Cited by2 opinions
- The Kitty C.District Court, S.D. Florida · 1937
- Tobias v. WierckNew York Supreme Court · 1897