Loraine v. Cartwright
U.S. Circuit Court for the District of Pennsylvania
In May, 1809. the plaintiff was encouraged by Mr. Sheepshanks of Philadelphia, the agent of Bainbridge and Cartwright of Liverpool, to ship them a large parcel of cotton, on consignment; and at the same time, drew on them, by way of advance, a bill for £1000, sterling, (which was much less than the usual advance.) which bill was endorsed by Sheepshanks, and was duly accepted, the day before the house in England knew of the intended shipment of the plaintiff.
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In May, 1809. the plaintiff was encouraged by Mr. Sheepshanks of Philadelphia, the agent of Bainbridge and Cartwright of Liverpool, to ship them a large parcel of cotton, on consignment; and at the same time, drew on them, by way of advance, a bill for £1000, sterling, (which was much less than the usual advance.) which bill was endorsed by Sheepshanks, and was duly accepted, the day before the house in England knew of the intended shipment of the plaintiff. The day after acceptance, the vessel with the cotton arrived at Liverpool, bringing a letter from the plaintiff, in which he expressed…
1Opinion of the CourtWashington, Circuit Justice
(charging jury). This court has always thought it right to hold agents to a strict account, in relation to the orders they receive, provided they are expressed in terms, plain and free from ambiguity; and in this respect, the same measure of justice has been dealt out to agents within the United States, acting for persons abroad, as to the foreign agents of citizens of the United States.
The first inquiry is, what is the meaning of the terms used in the letter of the plaintiff, in relation to the sale of this cargo? Prime or first cost, is in itself somewhat equivocal, as it may mean the price…
2Cited by4 opinions
- Le Roy v. BeardSupreme Court of the United States · 1850
- Clark v. President of the Manufacturers' InsuranceSupreme Court of the United States · 1850
- German-American Mercantile Bank v. Illinois Surety Co.Washington Supreme Court · 1917
- Porter v. PattersonSupreme Court of Pennsylvania · 1851