Craighead v. . Peterson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendant entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 10 Hun, 596.) This action was brought upon two promissory notes alleged to have been executed by defendant, which were made payable to the order of -Samuel R. Pike, plaintiff’s testator, at the Park Rational Bank.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendant entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 10 Hun, 596.) This action was brought upon two promissory notes alleged to have been executed by defendant, which were made payable to the order of -Samuel R. Pike, plaintiff’s testator, at the Park Rational Bank. The notes were dated July 12, 1872. They were in fact executed by one Abicl R. Packard, .a son-in-law of defendant, in the name of the latter,…
1Opinion of the CourtAllen, J.
The plaintiffs’ testator, taking the notes in suit, made by an agent professing to represent the defendant as his principal, is presumed to have known the terms of the power under which the agent assumed to act. He was bound to ascertain and know the character and extent of the agency, and the words of the instrument by which it was created, before giving credit- to the agent. If the testator dealt with the agent without learning the extent of the powers delegated to him, he did so at his peril, and must abide by the consequences, if the agent acted without or in excess of his authority.…
2Cases cited3 opinions
- Rossiter v. RossiterNew York Supreme Court · 1832
- Hubbard v. ElmerNew York Supreme Court · 1831
- Hodge v. CombsSupreme Court of the United States · 1862
3Cited by37 opinions
- Porges v. United States Mortgage & Trust Co.New York Court of Appeals · 1911
- Claflin & Co. v. Continental Jersey WorksSupreme Court of Georgia · 1890
- Thompson v. Laboringman's Mercantile & Manufacturing Co.West Virginia Supreme Court · 1906
- Von Wedel v. McGrathCourt of Appeals for the Third Circuit · 1950
- Kahn v. LesserWisconsin Supreme Court · 1897
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