Swift v. Hopkins , 13 Johns. 313 ( 1816 )

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.