2 H. & J. 365
Decided June 15, 1806
Court of Appeals of Maryland · decided 1806-06-15
&c. to which the general issue was pleaded* At the trial, the plaintiff offered in evidence, that in the year 18j)2, thede-J; fendant carried to the inspection house ai Lower Marlborough six hogsheads of tobacco, which grew on the farm of the plaintiff during the year 3802, while the defendant” acted as the overseer of the plaintiff; three of which hogs-1 heads were crop tobacco, one weighing, &c. three second, one weighing, &c. That the tobacco was inspected in thet name of…
Decided 1806-06-15
¶1was of opinion that the defendant below was only a hired person; that that character was not changed by his compensation being uncertain and depending on the amount of the profits; that he had no such interest in tlie crop as would justify him in disposing of it, and that having sold the tobacco in question, he was liable to th<5 plaintiff' below in this form of action.
¶2judgment reversed, and procedendo awarded.