15 Mo. 193 | Mo. | 1851
delivered the «pinion of the court.
This seems a very hard case, when it is considered that Darrah & Pomeroy are the only parties against whom a judgment has been rendered. Dickinson, who Really wronged the plaintiff, is now no longer a party to the record- The case of Robinson vs. Campbell, 8 Mo. Rep., •365, is not applicable. That case only declared the strict rights of a mortgagee of personal property after a forfeiture, if he saw proper to assert those rights against a mortgagor. The question then is, who was the owner of the boat in the sense that would make him liable for the acts of his agent, the captain ? Dickinson, the rnorgagor, who was in possession of the boat and commanded her, and who made the contract with the plaintiff Kelly; or Darrah & Pomeroy, who were the mortgagees; entitled to a portion of the profits of the boat in discharge of their mortgage debt, taking a concern in her well doing on that account, and receiving a statement of her earnings? Without, however, going
The other judges concurring, the judgment is reversed and the cause-remanded.