Joyce v. Sims
Supreme Court of Pennsylvania
Assumpsit for the non-transportation of a quantity of flour to the island of Madeira. The case was this. The defendants under the firm oí Woodrop and Joseph Sims, advertised in the public newspaper, the sailing of the brig Molly, Thomas Willes, master, to Madeira, and that persons desiring to freight, should apply to them. They subjoined hereto an advertisement of goods for sale, as wine, porter, &c.
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Assumpsit for the non-transportation of a quantity of flour to the island of Madeira. The case was this. The defendants under the firm oí Woodrop and Joseph Sims, advertised in the public newspaper, the sailing of the brig Molly, Thomas Willes, master, to Madeira, and that persons desiring to freight, should apply to them. They subjoined hereto an advertisement of goods for sale, as wine, porter, &c. The plaintiff applied to them, and shipped 70 barrels of flour on board the Molly, consigned to the widow Foster and sons, in Madeira, and captain Willes signed the bill of lading on the 29th…
1Opinion of the Court
Per Cur.
The general rule is clearly as the defendant’s counsel have laid it down. If the plaintiff, when he shipped the flour, knew that the vessel belonged to Pintard, it is equivalent to the defendant’s declaring his principal at the time of shipment, and no action in such a case would lie against the factor. [Vid. 3 Vez. 33.]
If the plaintiff did not place his reliance on the owner or captain of the vessel, he should have required a personal engagement from the consignees; but not having done so, his remedy is against the two former, and not against the latter, *410whom he only knew in the…
2Cases cited1 opinion
- Woodward v. WebbSupreme Court of Pennsylvania · 1870
3Cited by1 opinion
- Woodward v. WebbSupreme Court of Pennsylvania · 1870