Olney v. Wickes
New York Supreme Court
THIS was an action of assumpsit, tried before Mr. Justice Van Ness, at the'Rensselaer circuit, in December, 1818. The declaration was for board and lodging, meat, drink, and other necessaries, &c. provided at the request of the defendant for Francis Lona and his wife, &c.
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THIS was an action of assumpsit, tried before Mr. Justice Van Ness, at the'Rensselaer circuit, in December, 1818. The declaration was for board and lodging, meat, drink, and other necessaries, &c. provided at the request of the defendant for Francis Lona and his wife, &c. Plea, non as-sumpsit, with notice that the promises stated, if made at all, were made by the defendant, in the character of an overseer of the poor of the town of Schagticolce, and not in his individual capacity. testified that he was present, on the 19th of July, 1816, when the defendant agreed with the plaintiff to give…
1Opinion of the CourtPlatt, J.
This is anaction of assumpsit, for meat, drink, and lodging, furnished by the plaintiff to one Francis Lona and his wife, at the request of the defendant. The only question is, whether the defendant contracted as a private *125individual, or in his official character, as-one of the overseers of the poor of the town of Schagticoke ?
There is no longer any question as to the rule of law, that where a public agent acts ostensibly in the line of his duty, his contracts are public, and not personal. It is also clear, that a known public agent, acting within the scope of his authority, and contracting…
2Cases cited2 opinions
- Hodgson v. DexterSupreme Court of the United States · 1803
- Brown v. AustinMassachusetts Supreme Judicial Court · 1804
3Cited by10 opinions
- Hall v. . LauderdaleNew York Court of Appeals · 1871
- United States v. AngellDistrict Court, D. New Hampshire · 1881
- Todd v. BirdsallNew York Supreme Court · 1823
- Ives v. HuletSupreme Court of Vermont · 1840
- Nichols v. MoodyNew York Supreme Court · 1856
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