Jaques v. Todd
New York Supreme Court
This was an action of assumpsit, tried at the New-York circuit, in October, 1827, before the Hon. Reuben Hyde Walworth, then one of the circuit iudges. The declaration contained the common counts for goods sold and delivered, and the money counts. The defendant pleaded the general issue, and gave notice of set-off.
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This was an action of assumpsit, tried at the New-York circuit, in October, 1827, before the Hon. Reuben Hyde Walworth, then one of the circuit iudges. The declaration contained the common counts for goods sold and delivered, and the money counts. The defendant pleaded the general issue, and gave notice of set-off. A witness for the plaintiff testified, that in August, 1825, he was employed as a measurer on board of Ship Rebecca, lying at Brooklyn, the cargo of which was salt, owned by the plaintiffs. That he delivered to the sloop “ Ambassabor,” lying along side of the ship, 1500 bushels of…
1Opinion of the Court
By the Court,
Marcy, J.
This case turns on the nature and extent of the authority of Bailey and Voorhees, as agents of the defendant. If they were his general agents ; if they were special agents, and the act done by them was within the scope of their powers; if in any instance they had in fact pledged his credit, and he had recognized their right to do so; or if he had, subsequent'to the purchase, in any way, however slight, indicated his assent to the pledge of his credit, in this particular case he is liable to the plaintiffs on the demand for which this action is brought.
The nature of this…
2Cases cited1 opinion
- Schimmelpennich v. BayardSupreme Court of the United States · 1828
3Cited by16 opinions
- Wheeler v. McGuire, Scoggins & Co.Supreme Court of Alabama · 1888
- State v. HughesSupreme Court of Alabama · 1841
- O. A. Skutt, Inc. v. J. & H. Goodwin, Ltd.Appellate Division of the Supreme Court of the State of New York · 1937
- Brittain v. Westall.Supreme Court of North Carolina · 1904
- Lord v. United States Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1911
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