5 Johns. 393
Decided February 15, 1810
New York Supreme Court · decided 1810-02-15
THIS was an action of assumpsit, on a promissory , 1 J note, lor 475 dollars and 70 cents, dated December 15, 1807, made by the defendants, payable to the plaintiffs, ninety days after date The cause was triec before Mr. Justice Tates The cause was tried at the Albany circuit, April, 1807, . . . r, , At the trial, Keeler testified, that he was master of an Albany sloop, owned by him and the defendants.
Decided 1810-02-15
¶1This is a clear case. The defendants gave their notes, pursuant to the arrangement made with the plaintiffs, and for their accommodation. The property of the wheat was never vested in the defendants ; nor did they take any agency in the sale of it. It was sold by Keeler, as the agent of the plaintiffs. This is an unjust attempt to charge the defendants, who are not legally responsible.
¶2Judgment for the defendants.