Conant v. Alvord
Massachusetts Supreme Judicial Court
Tort, for false and fraudulent representations made by the defendants in accepting certain orders drawn by one Butland in favor of the plaintiff.
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Tort, for false and fraudulent representations made by the defendants in accepting certain orders drawn by one Butland in favor of the plaintiff. The declaration alleged that Butland drew certain orders on the Cape Ann Savings Bank, payable to the plaintiff, for the sums of one thousand and of fifteen hundred dollars, respectively, and delivered them to the plaintiff; that thereafter the defendants, falsely and fraudulently representing, themselves to be agents of the Cape Ann Savings Bank and authorized to accept such orders, did accept them in the name of and on behalf of the Cape Ann…
1Opinion of the CourtLathrop, J.
The only exception which has been argued is to the refusal of the court to give the fourth request for instructions. We are of opinion that the judge was not bound to rule that the words in the acceptance, “ agents for the negotiation of the within mentioned loan,” were sufficient to put an ordinarily prudent business man on his guard, and to disclose the full scope of the defendants’ authority. The act of writing the words, “Accepted Dec. 5th, 1892. Cape Ann Savings Bank, by Alvord & Ward,” was a representation that they had authority from the bank to accept the orders, and the words added…
2Cases cited9 opinions
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1895
- White v. . MadisonNew York Court of Appeals · 1862
- Ballou v. TalbotMassachusetts Supreme Judicial Court · 1820
- Long v. ColburnMassachusetts Supreme Judicial Court · 1814
- Bartlett v. TuckerMassachusetts Supreme Judicial Court · 1870
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3Cited by6 opinions
- Stern v. LiebermanMassachusetts Supreme Judicial Court · 1940
- Peoples National Bank v. DixwellMassachusetts Supreme Judicial Court · 1914
- Palmer v. O'Bannon Corp.Massachusetts Supreme Judicial Court · 1925
- Magaw v. BealsMassachusetts Supreme Judicial Court · 1922
- United States Gypsum Co. v. CarneyMassachusetts Supreme Judicial Court · 1936
1 more not listed; retrieve them via the Exa API.