1 Day 301 | Conn. | 1804
The judgment veas reversed.
It appears by the bill of exceptions, that the defendants claimed, that Danforih, the vendee of the vessel, at a time subsequent to his purchase, constituted Kinne ⅛? Park, the vendors, from whom he derived his title, his agents, or factors, to sell and dispose of the vessel, and left the same in their possession, for that purpose. Such was the agreement, which the defendants claim was entered into. Proof that such agreement was made, or that such authority was given, and executed, though derived from the original vendor, does not impugn the title derived from the vendor. It only shews, that the title so derived has been divested, by his subsequent consent, through the medium of his agent, or factor. The facts disclosed exhibit' the witness as acting, in the first instance, in his own behalf, as the owner and seller of an article, and transferring a right or title to his purchaser ; and, afterwards, as acting, by the subsequent .appointment of the purchaser, as his agent, authorized to transfer the same article, and, by virtue of
The second point
This was the uir-'í-'hi Ihe erfrument.