Legal Opinion

Hodgson v. Dexter

Supreme Court of the United States

Decided March 18, 1803PublishedCited by 88 opinions

This was an action of covenant brought by Joseph Hodgson against Samuel Dexter, late secretary at war, for not keeping in good repair, and for not delivering up in like good repair at the end of the term, certain premises which had been leased by the plaintiff to the defendant, for the purpose of offices for the war department; the buildings having been destroyed by fire during the term. The lease was in these words.

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This was an action of covenant brought by Joseph Hodgson against Samuel Dexter, late secretary at war, for not keeping in good repair, and for not delivering up in like good repair at the end of the term, certain premises which had been leased by the plaintiff to the defendant, for the purpose of offices for the war department; the buildings having been destroyed by fire during the term. The lease was in these words. “This indenture, made the 14th day of August, in the "year of our Lord one thousand eight hundred, between “Joseph Hodgson of the city of Washington and terri-“tory of Columbia,…

1Opinion of the Court

The Chief Justice,

after stating the terms of the lease, and the pleadings, delivered the unanimous opinion of the court.

The plaintiff in error has made two points.

1st. That under this contract, the defendant was bound in his private capacity.

2dly. That the matter, pleaded in his plea, did not shew the casualty, by which the buildings were destroyed, to have been inevitable.

This court give no opinion on the second point, being unanimous in favor of the defendant on the first.

It appears, from the pleadings, that congress had passed a law authorizing and requiring the president to cause the…

2Cited by88 opinions

  1. Belknap v. SchildSupreme Court of the United States · 1896
  2. Kern-Limerick, Inc. v. ScurlockSupreme Court of the United States · 1954
  3. Sheets v. Selden's LesseeSupreme Court of the United States · 1865
  4. Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
  5. District of Columbia v. Camden Iron WorksSupreme Court of the United States · 1901

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