Alsop v. Magill
Supreme Court of Connecticut
MOTION for a new trial. This was an action of indebitatus assumpsit for money J had and received to the plaintiff’s use. y¡le defendants pleaded the general issue ; and, at the (.rial, the following facts appeared : The brig Hiram, « laden with a valuable cargo, and owned in equal parts a by Isaac Rileyt Lemuel Storrs and Joseph W, Alsop, (whereof John Stocking was master, and said Alsop supercargo,) was, in the year 1794, seized by a British 1 o n 1 i ship, carried into…
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MOTION for a new trial. This was an action of indebitatus assumpsit for money J had and received to the plaintiff’s use. y¡le defendants pleaded the general issue ; and, at the (.rial, the following facts appeared : The brig Hiram, « laden with a valuable cargo, and owned in equal parts a by Isaac Rileyt Lemuel Storrs and Joseph W, Alsop, (whereof John Stocking was master, and said Alsop supercargo,) was, in the year 1794, seized by a British 1 o n 1 i ship, carried into Bermuda, and condemned as prize, In the year 1800, before any award had been made by the commissioners tinder the British…
1Opinion of the Court
By the Court.
Two questions arise in this case: First, whether Storrs was interested in the event of the suit; secondly, whether the charge of the court to the jury was correct in point of law.
Alsoft, while at Bermuda, acted as agent for the owners, of whom Storrs was one. His claim for services and expenses there was against them, and not against the British government. The demand of the owners against the British government was not merely for vessel and cargo, but for all the expenses by them incurred' in their defence at Bermuda, and in the prosecution pf their claim for remuneration ; of…
2Cited by5 opinions
- Arrington v. CherrySupreme Court of Georgia · 1851
- Kelsey v. HanmerSupreme Court of Connecticut · 1847
- Luby v. StateSupreme Court of Georgia · 1897
- Hargraves v. LewisSupreme Court of Georgia · 1849
- Thoma v. City of CincinnatiOhio Superior Court, Cincinnati · 1907