5 Binn. 441 | Pa. | 1813
after stating the facts, and remarking that although the records were very imperfect, he thought it sufficiently appeared that the proceedings in 1808, were connected with those of 1804, either as an appeal from the judgment in 1804, or a revival of the suit in a new form, proceeded as follows:
This is one of those extraordinary cases arising out of the extraordinary situation into which the world has been thrown by the French revolution.
If the confession of judgment by the plaintiff had been voluntary, it would have lain on him to show that the 3000 dollars were justly due from the defendant to Richardson, or the persons for whom he acted, or that they had a lien on the goods of the defendant to that amount. But the confession of judgment was beyond all doubt extorted from the. plaintiff by duress, and he did not yield to fears of which a man of reasonable firmness need be ashamed. The material fact on which this case turns is, whether the transactions between the plaintiff and Richardson, were on any private account of the plaintiff, or solely on account of the defendant. That was submitted to the jury, and we must now take for
Several legal exceptions against the plaintiff’s recovery in this suit, were taken by the defendant’s counsel in the course of the trial, which have been relinquished upon the argument on the motion for a new trial. It is now contended that the payment made by D'Arcy to Thomas Richardson, was voluntary, and unconnected with the agency under Mr. Lyle, and that were it otherwise, the defendant as principal, is not responsible to the plaintiff for injuries done by a despot to him as a special agent, after the determination of his authority.
The cause was put to the jury to decide, whether the conduct of the plaintiff as agent of the defendant was correct, and whether the payment of the 3000 dollars under the sentence of the Court of Hayti, was extorted under colour of law from him for acts done by him during his agency. The jurors by their verdict, have established the affirmative of both questions, and I was' far from being dissatisfied therewith: I feel no diposition to disturb their decision.
I see no. reason whatever for retracting the opinion I had formed on the trial, that where a factor has acted faithfully and prudently within the scope of his authority, he is entitled to protection from his constituent, and compensation for compulsory payments exacted against him under the form of law, for the transactions of his agency. The flagitious conduct of Christophe, President of Hayti, compelled the litigant parties under his savage power, into a trial by bat-tie, in order to decide their civil rights. He influenced the civil tribunal of the first district of the province of the North, sitting at the Cape, “ to set aside a former judgment rendered “ by the tribunal of commerce, and of their own Court, and “ to condemn D'Arcy,” according to the language of the sentence, “ to pay to Thomas Richardson 3000 dollars, for so “ much he had engaged to him to pay for Suckley and Co. “ for merchandize, which the latter had delivered to him as “ belonging to James Lyle, whom the*said D'Arcy repre- “ sented, for which the tribunal do reserve to Z)’ Arcy his “ rights, chat he may prosecute the same, if he thinks proper, a¿ inst the said Lyle or Suckley,” See.
In Leate v. Turkey Company Merchants, Toth. 105, it was decreed, that if a consul beyond sea hath power, and do levy goods upon a private merchant, the company must bear the loss, if the factor could not prevent the act of the consul. The decree is founded in the highest justice, and its reason peculiarly applies to the present case. D’Arcy was doomed by the cruel order of an inexorable tyrant, either to pay the 3000 dollars, or in his hated presence to fight his antagonist until one of them should fall.
Upon the whole, I am of opinion that the motion for the new trial be denied.
Whatever conditional stipulation it might have been necessary for D’Arcy, the agent of Lyle, to have made, provided that stipulation was not so much against the interest of Lyle, as to come under the denomination of an unreasonable stipulation, and to constitute a mal-agency respecting the subject of the agency, Lyle the principal, must have been bound by it. The giving bond to produce the power of attorney, in order to receive the goods of Lyle, out of the hands of Suckley, which would seem to have been detained under the claim of Richardson, might be deemed prudent; and had the power of attorney not have been produced, owing to no fault of D’Arcy, but to accident, or the impossibility of getting it in time, Lyle might be considered as bound to pay the bond, as the goods had been disposed of for his benefit. But the power of attorney was received, and the bond satisfied; and we hear no more of this. It is on an entire new ground, that a claim was advanced by Richardson against D’Arcy as the agent of Lyle. It is that of an agreement or stipulation by him, (D’Arcy) that in consideration
It is alleged to be on the ground, that Richardson had compelled him from a fear of life to acknowledge such agreement. It was on the allegation of Richardson, that Christophe, the master of the gang, interfered, and compelled D'Arcy to acknowledge such agreement. He compelled him to come into a court of his, who had given judgment to the contrary, and confess such agreement; in other words, to retract a denial of such agreement, and give his court colour for reversing the judgment before given. This cannot be distinguished from a compulsion without colour, to retract a denial, and confess an agreement. It is the same thing as if Richardson and Christophc, out of doors, had compelled through a fear of life D'Arcy, not only to pay money, but to acknowledge that he had agreed to pay it. A common carrier has carried the money of B, to pay C. He is met by a gentlemanly footpad, who says that the money is his so carrying to C. It is denied by A, who is suffered to go on. But on his return, he is again accosted by the same footpad, who alleges that he agreed to pay him that sum or a greater, on condition that he should be suffered to go on and carry to C. It is denied, but the master of the gang interposes, and says he shall acknowledge the agreement. The acknowledging the agreement never made, is but the sub .modo of the robbery. It is but the robbery of the carrier, under a pretence of having carried the money of B, which he the footpad alleges, belonged to him, and which he the carrier had agreed on his first journey to be the fact, and now on his return should pay him, and even a greater Sum. In this case, it would
Propter vitam, vivendi perdere causas.
Where a person had a right to expect the truth, it is not lawful, however under circumstances it may be excusable. But for one to evade a risk by departing from the truth, and to attempt to throw the loss upon another person, is totally inadmissible; it cannot be done. If any argument could be drawn from the circumstance of the master of the gang, Christophe, being a principal as to the force, it must be evident that it might be owing to the indiscreet expressions respecting Christophe, and his influence upon the administration of justice in his courts, that induced him to interpose. This was the act of Richardson. I am therefore of opinion for the defendant.
New trial refused.