Swift v. Hopkins

New York Supreme Court

Swift v. Hopkins

13 Johns. 313

CourtNew York Supreme Court

DecidedAugust 15, 1816

StatusPublished

Cited by2 cases

This text of 13 Johns. 313 (Swift v. Hopkins) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Swift v. Hopkins, 13 Johns. 313 (N.Y. Super. Ct. 1816).

Pincite

Opinion

Per Curiam.

Unless the contractor shows distinctly that, in making the contract, he expressly, or ostensibly, acted as a public agent, it must be deemed a private contract* The return does not show that Swift assumed to act- in ,an official capacity when he made this contract: and the reason assigned by him for refusing to pay, was, that he could not make a charge of it against the government, is decisive to show that it was a private contract.

Judgment affirmed.

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Per Curiam.

Unless the contractor shows distinctly that, in making the contract, he expressly, or ostensibly, acted as a public agent, it must be deemed a private contract* The return does not show that Swift assumed to act- in ,an official capacity when he made this contract: and the reason assigned by him for refusing to pay, was, that he could not make a charge of it against the government, is decisive to show that it was a private contract.

Judgment affirmed.

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Bluebook (online)

13 Johns. 313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swift-v-hopkins-nysupct-1816.

Opinion

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