Sistare v. . Best
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made April 11, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. Conklin’s authority was special and limited; it was not a general agency. He could only exercise the special power conferred upon him.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made April 11, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. Conklin’s authority was special and limited; it was not a general agency. He could only exercise the special power conferred upon him. When he acted beyond it, and made an optional contract, the corporation was not bound by his acts. (Martin v. Farnsworth, 49 N. Y. 555, 558; Story on Agency, § 17; Anderson v.…
1Opinion of the Court
Andrews, Ch. J.
This action was originally brought against the Mechanics & Traders’ Savings Institution, a corporation organized under chapter 368, Laws of 1852, to recover damages sustained by the plaintiff for the non-delivery by the corporation of five hundred shares of stock of the Atlantic Mail Steamship Company, sold by the plaintiff at the board of brokers in the city of Eew York, for its account, and, as alleged, by its authority. The defendant Best, having been appointed receiver of the bank subsequent to the commencement of the action, was substituted as defendant, and the action was…
2Cited by12 opinions
- Holmes & Griggs Manufacturing Co. v. Holmes & Wessell Metal Co.New York Court of Appeals · 1891
- Gause v. . Commonwealth Trust Co.New York Court of Appeals · 1909
- Heimerdinger v. SchnitzlerAppellate Division of the Supreme Court of the State of New York · 1931
- Hyde v. Equitable Life Assurance Society of United StatesNew York Supreme Court · 1908
- Fahey v. OttenheimerAppellate Division of the Supreme Court of the State of New York · 1927
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