Cortes v. Billings
New York Supreme Court
This was an action for money had and received. Pled the general issue. On the trial before Mr. Justice Rad-¡cliff, at the last November circuit in the city of New. York, the plaintiff’s, counsel having opened, the case, and stated the testimony of the witness, Hervey, as hereafter mentioned the defendant’s counsel objected to the admission of the witness on the ground of interest.
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This was an action for money had and received. Pled the general issue. On the trial before Mr. Justice Rad-¡cliff, at the last November circuit in the city of New. York, the plaintiff’s, counsel having opened, the case, and stated the testimony of the witness, Hervey, as hereafter mentioned the defendant’s counsel objected to the admission of the witness on the ground of interest. The objection was overruled, and Hervey being sworn, testified, that about the beginning of June, 1796, the plaintiff arrived at New York from New Orleans, in a ship belonging to the witness, and John Hervey of New…
1Opinion of the CourtRadcliff, J.
The objections to the witness, Hervey, and to the propriety of the action in the name of the plaintiff, may be consider*326ed in one .view. The argument of the defendants counsel as to,both, is founded on the idea that this witness, as one of the owners of the ship, was liable to the'defendant for all the-moneys delivered to the master, and if there was an over-payment, that the owners were entitled tó recover it, and not the plaintiff. It is true that the owners of a ship are generally liable to the shippers, for the skill and fidelity of the master whom they employ. Whether this liability ought…
2Cases cited6 opinions
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- Proprietors of Kennebeck Purchase v. CallMassachusetts Supreme Judicial Court · 1805
- Fisher v. WillardMassachusetts Supreme Judicial Court · 1816
- Right v. MifflinSupreme Court of Pennsylvania · 1796
- Lessee of Meredith v. MacossSupreme Court of Pennsylvania · 1793
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