Contracts · MBE-tested

Morris v. De Mars

1 U.S. 1401 Dall. 140·Supreme Court of Pennsylvania·1785·PA

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Opinion

Morris v. De Mars. Doek'ine of respondeat superior. [MAJORITY] It was ruled in this case, that a relation of a superior and inferior officer, does not, of itself, bind the former to pay the contracts of the latter, whether in the staff or line. But if the inferior officer had an authority to contract, and having obtained money for the use of the army, applied it accordingly, in such case, The Court inclined to think, that the superior would be liable for the debt, provided he had sufficient public funds to discharge it. See Cook v. Irvine, 5 S. & R. 492; Schrayer v. Lynch, 8 Watts 453.