Legal Opinion

Harrington v. M'Shane

Supreme Court of Pennsylvania

Decided September 15, 1834PublishedCited by 3 opinions

WRIT of error to the district court of Alleghany county. The defendant in error was the plaintiff below, and brought this action against Harrington, who was impleaded with Hyatt and others, owners of the steamboat “ Home.” The steamboat had received flour on freight from the plaintiff below to be transported to Louisville.

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WRIT of error to the district court of Alleghany county. The defendant in error was the plaintiff below, and brought this action against Harrington, who was impleaded with Hyatt and others, owners of the steamboat “ Home.” The steamboat had received flour on freight from the plaintiff below to be transported to Louisville. There the master sold it, and "was bringing back the proceeds in money, when, by accident, the boat took fire, and with the money and all its contents, was consumed. The plaintiff below gave in evidence the following receipt of the defendants: “Received, Pittsburgh, May…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

It appears by the evidence, that it is the usage on the western waters, for steamboat owners, in addition to the business of carrying goods, to act as factors, to make sales and returns, with*446out being paid any other consideration than the freight; and that the defendants, by their agent Hyatt, who was also part owner in the boat, received the plaintiff’s flour to transport .to Louisville and sell, in consideration of being paid a certain freight per barrel. The flour was taken there and sold, and the money which it produced was in the boat…

2Cases cited1 opinion

  1. Kemp v. CoughtryNew York Supreme Court · 1814

3Cited by3 opinions

  1. Verner v. SweitzerSupreme Court of Pennsylvania · 1858
  2. The New HampshireDistrict Court, E.D. Michigan · 1880
  3. The IllinoisDistrict Court, W.D. Tennessee · 1879

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