| Summary: | John Wilkes, on behalf of his brother Henry, caused a cargo of corn to be transported on a boat run by one of Clark's slaves. The corn was damaged in the shipment, and Henry Wilkes brought a suit against Clark for assumpsit. Clark produced a witness, Pugh, who deposed that he was a partner with Henry Wilkes in the ownership of the corn, and maintained that therefore the suit, made solely in Wilkes's name and without Pugh's own involvement, was not valid. The jury found for Wilkes, and Clark appealed. The Supreme Court found that because of the secretive nature of the agreement between Pugh and Henry Wilkes, it was unknown to the parties involved in the shipment. John Wilkes was therefore the agent of his brother alone, and his brother was entitled to bring suit alone. Judgment upheld.
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