Gibson v. Colt
New York Supreme Court
THIS was an action on the case. The declaration stated that the defendants, on the 30th of December, 1808, were the owners of the ship Columbia^ of which r . . . ' . - - ' « , Levi Goodrich was master, and also the tactor and agent of the defendants, by them generally authorized se^ the ship to any person in the same manner as they themselves might and could make sale, &c.
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THIS was an action on the case. The declaration stated that the defendants, on the 30th of December, 1808, were the owners of the ship Columbia^ of which r . . . ' . - - ' « , Levi Goodrich was master, and also the tactor and agent of the defendants, by them generally authorized se^ the ship to any person in the same manner as they themselves might and could make sale, &c. That J ° 7 the plaintiff bargained at Charleston with Goodrich, being such agent, &c. for the purchase of the ship; and while bargaining, the said Goodrich did deceitfully and - , . „ _ . falsely affirm to the plaintiff…
1Opinion of the Court
Per Curiam,.
The agent of the defendant is stated to have been specially authorized by them to sell the ship in the same manner that they themselves might have sold her. This is all the authority given, and Goodrich was con*394sequently nothing more than a special agent constituted for that particular end. The plaintiff was, therefore, not t0 ]cnaw or infer any authority beyond what was given, and if the agent exceeded that authority when he made the representation in questiop, • his principals were not bound. This distinction between a special and general agent was laid down in the case of Fenn…
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