Osborne v. Kerr
New York Supreme Court
Error from the Erie Gommon pleas. Kerr sued Osborne In a justice’s court. Osborne was a superintendent of the Erie canal, and employed Kerr to get out a quantity of timber to repair a waste-wier, and also to rebuild a bridge. Osborne said he would pay what was right. The timber was got out and the bridge repaired. It was generally known that Osborne was a superintendent. There was some doubt from the evi-
1Opinion of the Court
By the Court,
Nelson, J.
I think the common pleas erred in reversing the judgment of the justice, both upon the facts and law of the case; though the judgment would not be disturbed upon the former ground. It is clear that the defendant acted in the capacity of a public agent, and such fact was well known to the plaintiff below. There is nothing in the evidence to warrant the conclusion that the defendant intended to bind himself personally for the price of this timber. As such agent' he intended no doubt to see the plaintiff paid, which was a part of his public duty, and sufficiently rebuts…
2Cases cited1 opinion
- Gill v. PattonU.S. Circuit Court for the District of District of Columbia · 1803
3Cited by3 opinions
- Hall v. . LauderdaleNew York Court of Appeals · 1871
- Balcombe v. NorthupSupreme Court of Minnesota · 1864
- Nichols v. MoodyNew York Supreme Court · 1856