Mitchell v. Finnell
California Supreme Court
Appeal from a judgment of the Superior Court of Tehama County, and from an order denying a new trial. The facts are stated in the opinion. ICnott was the agept of the defendant, authorized to act as such by precedent authority. (Civ. Code, secs. 2295-2303, 2308.) Not only was he an agent by precedent authority, but his acts as such were ratified and adopted by the defendant.
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Appeal from a judgment of the Superior Court of Tehama County, and from an order denying a new trial. The facts are stated in the opinion. ICnott was the agept of the defendant, authorized to act as such by precedent authority. (Civ. Code, secs. 2295-2303, 2308.) Not only was he an agent by precedent authority, but his acts as such were ratified and adopted by the defendant. Even if his acts were without authority, their subsequent ratification bound the defendant from the inception of the transaction. (Story on Agency, secs. 235, 239; Taylor v. Robinson, 14 Cal. 396; McCracken v. San…
1Opinion of the Court
Temple, C.—
The complaint in this action charges that August 13,1890, plaintiff executed to defendant his promissory note for four hundred and sixty dollars, payable to defendant’s order two months after date.
That plaintiff received no consideration for the note, but was induced to execute it by threats of unlawful confinement and criminal prosecution and injury to his character, which threats were made by one W. S. Knott, acting for said defendant; also by false representations made by defendant’s agent.
That defendant, about September 1, 1890, transferred the note to the bank of Tehama county…
2Cases cited1 opinion
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
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