Commonwealth v. Colquhouns
Commonwealth v. Colquhouns, Hening & Munford Vol. II 215 (1808),[1]the court determined whether the state government could be liable for losses incurred at a public warehouse, owned and operated by the state government.
Background
In 1796, the Colquhouns and several other businessmen took a total of 136 hogsheads of tobacco to Barksdale public warehouse for delivery. Barksdale was run and operated by the Virginia state government. Upon delivering their tobacco, the men were given notes as a receipt. Upon inquiring about their tobacco deliveries the men found that not only did the warehouse not deliver their tobacco but the tobacco was no longer in the warehouse. Many of the businessmen sued the warehouse workers (inspectors) but when looking to execute their judgment, they were told the order had “no effects”. The businessmen also applied to the auditor of public account to obtain a warrant for the treasury for their loss. However, that plan failed as well.
The Court's Decision
Chancellor Wythe found that the Commonwealth, in compelling its citizens to deposit their tobacco in its warehouses, under its own officers’ care for a fee, was responsible for the actions of its workers and to repay the debt. The Court of Appeals reversed the ruling with costs.
See also
References
- ↑ William Hening and William Munford, Reports of Cases Argued and Determined in the Supreme Court of Appeals of Virginia: with Select Cases, Relating Chiefly to Points of Practice, Decided by the Superior Court of Chancery for the Richmond District, (Flatbush: I. Riley, 1809), 2:215.
