Kowing v. . Manly
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial district fin favor of defendants. The action was brought to recover the value of nine TJ. S. 7.30 bonds of $1,000 each. Defendants, as brokers, had purchased the bonds for plaintiff and they were left with them. Plaintiff gave defendants written instructions not to delivér the bonds to any person except upon his written order.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial district fin favor of defendants. The action was brought to recover the value of nine TJ. S. 7.30 bonds of $1,000 each. Defendants, as brokers, had purchased the bonds for plaintiff and they were left with them. Plaintiff gave defendants written instructions not to delivér the bonds to any person except upon his written order. The bonds were subsequently delivered by defendants to wife of plaintiff upon the presentation of an order therefor purporting to be signed by plaintiff, which order defendants supposed…
1Opinion of the CourtRapallo, J.
The plaintiff having instructed the defendants not to deliver his bonds to any person, except upon" his written order, the delivery of them without such order, even to the plaintiff’s wife, did not operate as a discharge of the defendants’ obligation to the plaintiff as bailees. (1 Stark, 104.)
The inference of authority on the part of the wife to act as agent for the husband, which, in some cases, may be drawn from circumstances, is negatived in the present instance by the written instructions given by the plaintiff to the defendants.
But, independently of any question of agency, it is claimed…
2Cases cited3 opinions
- Machen v. MachenSupreme Court of Alabama · 1849
- Walker v. FennerSupreme Court of Alabama · 1856
- McDaniel v. WhitmanSupreme Court of Alabama · 1849
3Cited by35 opinions
- In Re the Probate of the Will of HopkinsNew York Court of Appeals · 1902
- Byer v. Canadian Bank of CommerceCalifornia Supreme Court · 1937
- Christensen v. McCann Et Ux.Wyoming Supreme Court · 1929
- Jenkins v. BaconMassachusetts Supreme Judicial Court · 1873
- Prentiss v. PaisleySupreme Court of Florida · 1889
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