Kirkpatrick v. Stainer
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. This was an action of assumpsit, brought by Kirkpatrick against Stainer, for the breach of a contract alleged to have beep made by the desfendant, to cause insurance to be effected -upon a quantity of coffee shipped by the plaintiff at New- York for the port of Trieste. The .vessel in which the coffee was shipped was lost at sea.
Read the full summary
Error from the supreme court. This was an action of assumpsit, brought by Kirkpatrick against Stainer, for the breach of a contract alleged to have beep made by the desfendant, to cause insurance to be effected -upon a quantity of coffee shipped by the plaintiff at New- York for the port of Trieste. The .vessel in which the coffee was shipped was lost at sea. The plaintiff alleged that no insurance had been .ejgeqted, and claimed the value of the coffee, with anticipated profits. The cause was heard by referees, who made a special report, setting forth the evidence adduced be? fore them. The…
1Opinion of the Court
After advisement, the following opinions were delivered :
By the Chancellor.
There is no question as to the general rule of law, where an agent or factor, who is duly authorised to contract, for his principal discloses the fact of his agency, and'-the name of the person for whom he is acting, that he is not personally liable if he makes the eon_ tract in such form as to be binding upon his principal, un less it satisfactorily appear that he also- intended to bind himself personally. The general rule on this subject is not questioned by the counsel-for the plaintiff in error : but he insists, in…
2Cited by15 opinions
- Hernandez v. Brookdale Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
- Harkins v. EdwardsSupreme Court of Iowa · 1855
- Power v. First Nat. BankMontana Supreme Court · 1887
- The SulioteDistrict Court, S.D. New York · 1885
- McKeen v. BoothbySupreme Judicial Court of Maine · 1930
10 more not listed; retrieve them via the Exa API.