Walker v. Swartwout
New York Supreme Court
THIS was an action of assumpsit, for work and labour, tried before Mr. Justice Spencer, at the Jefferson, circuit, in June i . ; JlaSt* The defendant was quarter-master general of the army of the United States, which arrived at French'Mills; in the county of-Franklin, about the 20th of November, 1813. The. d'e-i-fondant1 directed certain boatmen, who were with the. army, and the plaintiff among the rest, to go to work, for-the use of the army, and that they should be each…
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THIS was an action of assumpsit, for work and labour, tried before Mr. Justice Spencer, at the Jefferson, circuit, in June i . ; JlaSt* The defendant was quarter-master general of the army of the United States, which arrived at French'Mills; in the county of-Franklin, about the 20th of November, 1813. The. d'e-i-fondant1 directed certain boatmen, who were with the. army, and the plaintiff among the rest, to go to work, for-the use of the army, and that they should be each allowed two dollars per day, and one ration;; that the plaintiff accordingly worked in making tents, &c. for the hospital…
1Opinion of the Court
Thompson, Ch. J.
The only question in this case is*; whether, the defendant is personally responsible to the plaintiff for the work, labour, and services performed by him.: That the. defendant was a public officer, and that the benefit of the plaintiff’s labour was for the public,, are questions not in dispute. If the case of Sheffield and Watson (3 Caines, 72.) is to.be supported, there can be no doubt of the defendant’s liability. And independent of that case, it. appears to me, he is responsible, upon well-settled principles, applicable to this class of cases. It is not to be denied that an…
2Cases cited2 opinions
- Hodgson v. DexterSupreme Court of the United States · 1803
- Brown v. AustinMassachusetts Supreme Judicial Court · 1804
3Cited by11 opinions
- Hall v. . LauderdaleNew York Court of Appeals · 1871
- Whiteside v. JenningsSupreme Court of Alabama · 1851
- Aven v. BeckomSupreme Court of Georgia · 1852
- New York & Charleston Steam-Ship Co. v. HarbisonU.S. Circuit Court for the District of Connecticut · 1883
- Nichols v. MoodyNew York Supreme Court · 1856
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