13 Johns. 315
Decided August 15, 1816
New York Supreme Court · decided 1816-08-15
IN ERROR, on certiorari to a justice’s court. The defendant in error brought' an action in the court below against the plaintiff in error, who was captain Of-a company Of militia during, actual service, in the year .1814, for his wages ánd íations. as a drummer in the company: .
Decided 1816-08-15
¶1The. verbal order of the. paymaster-générái Was-obligatory on captain Thorne,. who, foiv the ..purpose of pay- . -mg the men, acted merely" as the agent .of the,paymaster-gene- . ral, and subject to his control,- The justice - eyred-in rejecting that evidence, .and the judgment ought to be reversed. . ' ■ •
¶2Judgnient reversed.'