New York Supreme Court, 1816

Swift v. Hopkins

Swift v. Hopkins
New York Supreme Court · Decided August 15, 1816
13 Johns. 313

Counsel

Hopkins, the defendant in error,

Swift v. Hopkins

Opinion of the Court

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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