HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0262 and id is 1 raw text is: FRIXIONE V. TAGLIAFERRO [1856]
They have some doubt whether they ought not to make the Appellants pay the costs
of this appeal, but they think, upon the whole, that justice will be satisfied by giving
no costs of the appeal to either side.
[Mews' Dig. tit. SHIPPING, A. XX. COLLIsioN, 2. Presumption of Fault, a, Infringe-
iteent of the Regulations; ii. under 17 and 18 Vict., c. 104. S.C. Swab. 60.
See The Vera Cruz (1), 1884, 9 P.D. 94; Thie Bernuna (2), 1887, 12 P.D. 89;
The Rosalie, 1880, 5 P.D. 245.]
[175] ON APPEAL FROM THE ROYAL COURT OF APPEAL OF THE ISLAND
OF MALTA.
GIUSEPPE FRIXIONE,-Appellant; BIAGIO TAGLIAFERRO and Sons,-
Respondents * [Feb. 12, 13, 1856].
Action by agent, in Malta, against his principal, to recover the amount of damages
sustained by him, in a suit brought in Genoa, upon a breach of contract
which he had defended on behalf of his principal, upon appeal upheld, and
damages decreed against the principal.
In order to entitle an agent to recover from his principal, under such circum-
stances, he must show :-[10 Moo. P.C. 196]
First, that the loss arose from the fact of his agency.
Secondly, that he was acting within the scope of his authority. And
Thirdly, that, the blame was not attributable to any fault or laches on his part.
Although an agent exceed the scope of his authority, yet, if the principal waive
or ratify the excess, the act of the agent is binding on the principal [10 Moo
P.C. 200].
In reversing the decree of the Court below, costs were awarded the Appellant,
of the Colonial as well as the appellate Court [10 Moo. P.C. -201].
This was an action brought by the Appellant, a merchant in Genoa, against
the Respondents, also [176] merchants, residing in Malta and at Berdianski, to
recover the sum of £1076 19s. sterling, under the following circumstances:-
The Respondents were engaged in the Black Sea corn trade, and were in cor-
respondence with the Appellant, as their agent at Genoa, receiving advices from
and effecting sales through him there. Having, in the month of December, 1846,
received advices from the Appellant of various sales of wheat having been effected at
Genoa, for delivery there in the months of March, April, May, and June, 1847, they
authorised the Appellant to sell a cargo on their account, to arrive in those months
by a vessel called The Genio, then on her way to Malta from Alexandria. This
authority was given by a letter dated the 15th of December, 1846, of which the
following were the material portions:- We have been favoured with your esteemed
of the 1st inst., and we are obliged for the continuation of your advices respecting
'grain.' We have also been favoured by your Signor Emmanuale with the catalogue
of sales of grain made at your place, and we thereby observe that many parcels, as
well of hard as of soft quality, deliverable in the months of March, April, May, and
June, have been sold. Encouraged by similar sales, and for as long periods, and
being desirous also of insuring the sale of some of the cargoes which we shall receive
in those months, we this day address to you the present, and we hereby authorise
you to endeavour to effect for our account the sale of a cargo of soft wheat,-Ber-
dianski quality,-when you get the price of £29 or £30, or better, if possible, with-
out engagement as to weight and measure, to be delivered at your place in all the
month of June, 1847, [177] such cargo to be conveyed to you at your place by our
Present: The Right Hon. T. Pemberton Leigh, the Right Hon. Sir Edward
Ryan, the Right Hon. Sir John Patteson, and the Right Hon. Sir William H.
Maule.
X MOORE, 175](ViewImageLocal?handle=hein.slavery/ssactsengr0262&div=1&collection=&method=preview&ext=.png&size=3)