Jenkins v. Wheeler

Davies, Ch. J.

Oliver N. Jenkins, the plaintiff’s intestate, was employed by one Anthony Pelletier to take charge of the bark Peytona, then lying in the port of New York, on her then contemplated voyage to Australia. The title of the bark then stood in the name of the defendant, as owner, *459although, in. fact, he was not such owner. On the 8th day of February, 1853, the defendant, in whose name the title to the bark stood, and Jenkins, entered into an agreement, substantially as follows: The said Jenkins thereby agreed to and with the defendant, to take charge of the bark Peytona, then lying in…