Wallace v. Agry
U.S. Circuit Court for the District of Maine
Assumpsit. The principal - circumstances were as follows: The defendants [Thomas Agry and others], who are citizens of Maine, were owners of the brig Diana, of which William Heddean was master. She arrived at Havana in the Island of Cuba, and was consigned to the plaintiff [William B. Wallace], a citizen of Connecticut, but a resident merchant at Havana, by the master, to procure freight on a freighting voyage.
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Assumpsit. The principal - circumstances were as follows: The defendants [Thomas Agry and others], who are citizens of Maine, were owners of the brig Diana, of which William Heddean was master. She arrived at Havana in the Island of Cuba, and was consigned to the plaintiff [William B. Wallace], a citizen of Connecticut, but a resident merchant at Havana, by the master, to procure freight on a freighting voyage. Six hundred boxes of sugar were procured on freight, on a voyage from Havana to Bremen, upon an understanding, that 150 boxes more should be taken on board on account of the owners.…
1Opinion of the Court
STORY, Circuit Justice,
in summing up the facts to the jury, said:
Some of the questions of law, in this case, are of considerable importance, and require from the court an explicit opinion. The first objection to the plaintiff’s right of recovery is, that no presentment for payment, or protest for non-payment, or due notice thereof to the defendants, is proved according to the allegations of the declaration. I agree, that, under the circumstances of this case, the defendants stand in the same situation as if they were the drawers of the bill. They have adopted the acts of the master, and…
2Cases cited16 opinions
- Tobey v. BarberNew York Supreme Court · 1809
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Field v. NickersonMassachusetts Supreme Judicial Court · 1816
- Putnam v. LewisNew York Supreme Court · 1811
- Johnson v. WeedNew York Supreme Court · 1812
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3Cited by12 opinions
- Johnston v. KeeferIdaho Supreme Court · 1929
- Austin v. Curtis & WalkerSupreme Court of Vermont · 1858
- Durnell v. SowdenUtah Supreme Court · 1887
- Tudor v. WhitingMassachusetts Supreme Judicial Court · 1815
- Vancleef v. TherassonMassachusetts Supreme Judicial Court · 1825
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