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MANELLA, PUJALS, AND COMPANY v. JAMES BARRY.
7 U.S. 415 (1806) 3 Cranch 415
PROCEDURAL POSTURE: Plaintiff foreigner challenged a judgment from the circuit court which found in favor of defendant American in his action to recover the price of three cargoes of tobacco, purchased and shipped by defendant for the plaintiff.
OVERVIEW: The foreigner hired the American, via an agent, to purchase and ship tobacco to the foreigner in Spain. The agent was given specific instructions which were relayed to the American. Three of the seven ships containing the tobacco were captured on their way to Spain and condemned. The foreigner brought an action against the American to recover the price of the three cargoes of tobacco. The circuit court found in favor of the American and the foreigner appealed. The United States Supreme Court heard the appeal. It affirmed the judgment. The foreigner argued that the American deviated from the instructions given to govern his conduct and was therefore, liable for the loss which had been sustained. The question to be decided was whether the American had deviated from his instructions. The court found that from the expression of the letter, that the directions from the foreigner were actually for the agent who hired the American and the American was to comply with the directions given from the agent. The conduct of the American was sanctioned by the agent. Therefore, his actions were justifiable and he was not liable for the loss.
OUTCOME: The United States Supreme Court affirmed the judgment of the circuit court which found that the American was not liable for the loss sustained when three shipments of tobacco shipped to the foreigner were captured and condemned.
Napoleonic Wars
French capture of tobacco shipped by American agent to Spainish national
Counsel: Harper for American shipper; Pinkney and Martin, contra
Opinion, Marshall, C.J. |
