Brown v. Cuming
New York Supreme Court
Assumpsit by the assignees of a bankrupt for work and labor, care and diligence, about the defendant’s business, with a count for money had and received. The circumstances of the case were simply these: The bankrupt had been supercargo of a vessel belonging to the defendant, on a voyage from St. Croix to Philadelphia, and from thence to Amsterdam, with orders to keep the ship fully insured.
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Assumpsit by the assignees of a bankrupt for work and labor, care and diligence, about the defendant’s business, with a count for money had and received. The circumstances of the case were simply these: The bankrupt had been supercargo of a vessel belonging to the defendant, on a voyage from St. Croix to Philadelphia, and from thence to Amsterdam, with orders to keep the ship fully insured. He, in the course of her voyage, advanced ,noney for repairs, and also for prosecuting a claim for her recovery, which he interposed on her being captured and carried into a British port. The vessel,…
1Opinion of the CourtLivingston, J.
We have considered this case with great inclination in favor of the proposed set-off, and with some solicitude to discover adjudged cases which would justify our going this length. It does not seem right that a supercargo who has violated his employer’s instructions, and thereby subjected him to a heavy loss, should recover any moneys expended during such agency, without permitting the latter to deduct or set off the sum which has been lost by his neglect and breach, of orders; and when it is recollected that the plaintiff is a bankrupt, the defendant’s case, if the set-off be refused, is…
2Cited by10 opinions
- Heck v. ShenerSupreme Court of Pennsylvania · 1818
- Downer v. EgglestonCourt for the Trial of Impeachments and Correction of Errors · 1835
- Secor v. LawThe Superior Court of New York City · 1862
- In re SheazleU.S. Circuit Court for the District of Massachusetts · 1845
- Tinker v. Van DykeU.S. Circuit Court for the District of Eastern Michigan · 1876
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