J. H. Maury & Co. v. Louis Ranger & Co.
Supreme Court of Louisiana
A PPEAL from tbe Civil District Court for the Parish of Orleans. Tissot, J. 1. The agents of merchants residing in a foreign country, or in another State, are personally liable, whether they describe themselves as agents or not in the contract. In such cases it is presumed that the credit is given exclusively to them to the exoneration of their employers j but the presumption maybe rebutted by proof that the credit was given to both, or to the principal only.
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A PPEAL from tbe Civil District Court for the Parish of Orleans. Tissot, J. 1. The agents of merchants residing in a foreign country, or in another State, are personally liable, whether they describe themselves as agents or not in the contract. In such cases it is presumed that the credit is given exclusively to them to the exoneration of their employers j but the presumption maybe rebutted by proof that the credit was given to both, or to the principal only. Newcastle vs. Red River R. R. Co., 1 Rob. 147; Thorne vs. Tait et als., 8 Ann. 8; Adler vs. Shuchardt, 8 Am. L. R. 15; Wharton on…
1Opinion of the Court
The opinion of the Court was delivered by
Pochb, J.
Plaintiffs seek to hold the defendants personally liable under a contract of affreightment which the latter had executed as agents.
The principal defense is that the defendants acted throughout the transactions which form the basis of this suit, merely as agents of the owners of the vessel in whose name they had signed hills of lading, and that they are not personally liable to plaintiffs under the contract declared upon. They prosecute this appeal from a judgment in favor of plaintiffs for the full amount of their claim.
The pertinent facts in…
2Cases cited3 opinions
- Fox v. WoodSupreme Court of Pennsylvania · 1829
- Nott & Co. v. PapetSupreme Court of Louisiana · 1840
- Zacharie v. NashSupreme Court of Louisiana · 1839
3Cited by1 opinion
- Wichita Falls Motor Co. v. Kerr S. S. Co.Supreme Court of Louisiana · 1926