Scott v. McGrath
New York Supreme Court
This was an action brought to recover damages for a breach of warranty on the exchange of a horse of the defendant for a span of horses of the plaintiff. The cause was tried at the Tompkins circuit in September, 1848, before Justice Morehouse. The trade was made between the plaintiff and one Gifford, the agent of the defendant. The defendant refused to ratify the trade, claiming that the agent had transcended his authority, and that he, the defendant, was not bound.
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This was an action brought to recover damages for a breach of warranty on the exchange of a horse of the defendant for a span of horses of the plaintiff. The cause was tried at the Tompkins circuit in September, 1848, before Justice Morehouse. The trade was made between the plaintiff and one Gifford, the agent of the defendant. The defendant refused to ratify the trade, claiming that the agent had transcended his authority, and that he, the defendant, was not bound. The only evidence of the agent’s authority consisted in the testimony of the agent, Gifford, himself. He testified that the…
1Opinion of the Court
By the Court, Mason, J.
Although I have had doubts upon this case, I am satisfied, after a careful examination, that the defendant is not liable. We cannot, upon this evidence, regard Gifford as the general agent of the defendant, in this particular trade. It is true, he says he was in the employ of the defendant, and that the defendant was a stage proprietor, and he was his agent at Jefferson. He says, however, at the same time, that he never sold a horse for the defendant, before, or traded one for him, and that he was especially empowered to sell this horse or exchange him. I do not…
2Cases cited1 opinion
- Sandford v. HandyNew York Supreme Court · 1840
3Cited by7 opinions
- O. A. Skutt, Inc. v. J. & H. Goodwin, Ltd.Appellate Division of the Supreme Court of the State of New York · 1937
- Mills v. LewisNew York Supreme Court · 1869
- Tymchuk v. City of RochesterNew York Supreme Court · 1964
- Coe v. JohnsonSupreme Court of Delaware · 1880
- Air Courier Conference Of America v. U.S. Postal ServiceCourt of Appeals for the Third Circuit · 1992
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