1 Yeates 409 | Pa. | 1795
The general rule is clearly as the defendant’s counsel have laid it down. If the plaintiff, when he shipped the flour, knew that the vessel belonged to Pintard, it is equivalent to the defendant’s declaring his principal at the time of shipment, and no action in such a case would lie against the factor. [Vid. 3 Vez. 33.]
If the plaintiff did not place his reliance on the owner or captain of the vessel, he should have required a personal engagement from the consignees; but not having done so, his remedy is against the two former, and not against the latter,
The jury gave a verdict for the defendant without leaving the bar.