¶1(nem. con.) upon the prayer of the plaintiff’s counsel, instructed the jury that if they should believe from the evidence, that the defendant, in mailing the sale, acted as the agent and by the authority of the plaintiff, and agreed to pay the plaintiff the proceeds, he is liable to the plaintiff in this action, although the jury should be satisfied by the evidence, that other persons were jointly interested with him in the slaves.
2 D.C. 219
Gray v. Reardon
Decided November 15, 1820
AssuMpsit, for money had and received to the plaintiff’s use. The plaintiff, being in possession ,of some slaves, empowered the defendant to sell them for him and to pay him the proceeds of the sale. The defendant sold them and received the money, but refused to pay it to the plaintiff, because he alleged that the slaves were the property of one Manly Reardon, who died intestate, and that the title was in his administrator.
Decided 1820-11-15