Freeman v. Otis
Massachusetts Supreme Judicial Court
Case in assumpsit. The declaration contained four counts. 1. Indebitatus assumpsit according to the account annexed ; 2. Quantum valebant for the use of the plaintiff’s vessel, and the labor and services of himself and men; 3. Indebitatus assumpsit for money laid out and expended; and, 4. For money had and received to the plaintiff’s use.
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Case in assumpsit. The declaration contained four counts. 1. Indebitatus assumpsit according to the account annexed ; 2. Quantum valebant for the use of the plaintiff’s vessel, and the labor and services of himself and men; 3. Indebitatus assumpsit for money laid out and expended; and, 4. For money had and received to the plaintiff’s use. A trial was had upon the general issue, at the sittings here after the last October term, before Sewall, J., when the evidence was, that Joseph Otis, collector for the United States in the district and port of Barnstable, being aged, infirm, and incapable of…
1Opinion of the Court
The Court
said, that where a public agent makes a contract in the name and behalf of the government, it is a point well settled, that the agent is not liable to the action of the party contracted with, who must look to the government. But if such agent should deny to the government that he had entered into such contract, and by such interference prevent the party from his remedy as against the government, he must be personally liable, as he has, by his conduct, in effect disavowed his acting in character of a public agent On this ground we are of opinion that the verdict is right. Further, if…
2Cases cited2 opinions
- Hodgson v. DexterSupreme Court of the United States · 1803
- Brown v. AustinMassachusetts Supreme Judicial Court · 1804
3Cited by3 opinions
- Brown v. GetchellMassachusetts Supreme Judicial Court · 1814
- Dabney v. HudsonMississippi Supreme Court · 1890
- Simonds v. HeardMassachusetts Supreme Judicial Court · 1839