Bank v. Hay.
Supreme Court of North Carolina
ActioN by Bank of Morganton against T. T. Hay, beard by -Judge O. H. Allen and a jury, at the June Term, 1906, of the Superior Court of Bueiie. The plaintiff brought this action to recover sixty dollars, the amount of a draft which was drawn on 16 March, 1905, by H. L. Hinson on the defendant, payable to its order five days after sight. The defendant refused to accept and pay the draft upon the ground that Hinson had no authority to draw it.
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ActioN by Bank of Morganton against T. T. Hay, beard by -Judge O. H. Allen and a jury, at the June Term, 1906, of the Superior Court of Bueiie. The plaintiff brought this action to recover sixty dollars, the amount of a draft which was drawn on 16 March, 1905, by H. L. Hinson on the defendant, payable to its order five days after sight. The defendant refused to accept and pay the draft upon the ground that Hinson had no authority to draw it. The plaintiff alleged that he did have authority to draw the draft as agent of T. T. Hay & Bro., of Raleigh, N. C., of which firm the defendant is a…
1Opinion of the Court
Waliceu, J.,
after stating the case: There is a general rule that Avhen one deals with an agent it behooves him to ascertain correctly the scope and extent of his authority to contract for and in behalf of his alleged principal, for under any other rule it is said every principal would be at the mercy of his agent however carefully he might limit his authority. The power of an agent is not unlimited unless in some way it either expressly or impliedly appears to be so, and the person who proposes to contract with him as agent for his principal should first inform himself where his authority…
2Cases cited16 opinions
- Coolidge v. PaysonSupreme Court of the United States · 1817
- Biggs v. Insurance Co. (North Carolina Home)Supreme Court of North Carolina · 1883
- Brinkman v. HunterSupreme Court of Missouri · 1880
- Storer v. LoganMassachusetts Supreme Judicial Court · 1812
- Bank of Michigan v. ElyNew York Supreme Court · 1837
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3Cited by39 opinions
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- Trollinger v. . FleerSupreme Court of North Carolina · 1911
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