Swift v. Hathaway
U.S. Circuit Court for the District of Massachusetts
The action [by Jireh Swift, administrator of William Ross, against Stephen Hathaway and John W. Russell] was brought to recover the sum of 83431.87, alleged to be due on balance of account from the defendants to the intestate. On the trial, it appeared that the defendants were commission merchants at New York, and the action was brought to recover the balance due on a sale, made by them, of two thirds of the ship Neptune belonging to the intestate.
Read the full summary
The action [by Jireh Swift, administrator of William Ross, against Stephen Hathaway and John W. Russell] was brought to recover the sum of 83431.87, alleged to be due on balance of account from the defendants to the intestate. On the trial, it appeared that the defendants were commission merchants at New York, and the action was brought to recover the balance due on a sale, made by them, of two thirds of the ship Neptune belonging to the intestate. The sale was made on the 1st of February, A. D. 1810, on a credit of four and six months, and notes were given by the purchasers accordingly. On…
1Opinion of the Court
STORY, Circuit Justice,
in summing up, stated to the jury, that if they were satisfied, that the notes were originally lodged in the hands of J. & G. Russell with the assent of the administrator; or if afterwards he assented to the collection of the money by them, or voluntarily left the money in their hands and ratified- their proceedings, the firm of Russell & Hathaway were discharged from all responsibility. If a creditor know that his debtor has lodged money in the hands of a third person for his account, and he assents to the proceeding, or gives a new credit to such person on the footing…
2Cited by1 opinion
- Wright v. First Crockery Ware Co.Superior Court of New Hampshire · 1818