White v. Skinner
New York Supreme Court
THIS was an action of covenant. The declaration set forth an agreement, under seal, dated the 25th oi April, 1815, by which the plaintiffs covenanted to make and furnish, at the Granville cotton factory, a quantity of machinery, of a certain description, one half of which was to be delivered in October, 1815, and the other half.on, or before, the 1st of May, 1816, and that the defendant, in and by the said agreement, covenanted to pay the i . . fv* n , ° J . plaintiffs lor…
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THIS was an action of covenant. The declaration set forth an agreement, under seal, dated the 25th oi April, 1815, by which the plaintiffs covenanted to make and furnish, at the Granville cotton factory, a quantity of machinery, of a certain description, one half of which was to be delivered in October, 1815, and the other half.on, or before, the 1st of May, 1816, and that the defendant, in and by the said agreement, covenanted to pay the i . . fv* n , ° J . plaintiffs lor the said machinery 15,120 dollars, in various in- * J 7 stalments ; one of which, or 900 dollars, was to be paid on the…
1Opinion of the Court
Platt,' J„
delivered the Opinion of the court, The law is well settled, that one person cannot seal for another, without express authority, and; it is also settled, that if a person execute a bond as attorney for another, without authority, such person so assuming to act is personally bound, as though he had covenanted in his own name simply, (7 Term Rep.. 207, 3 Johns. Cas. 180. 2 Caines’ Rep. 254. 5 East, 148,).
The case of Tippets v. Walker and others, (4 Mass. Rep. 595.) is similar to the present, in almost every feature., There, a com-' mittee of a turnpike corporation covenanted in their…
2Cases cited1 opinion
- Tippets v. WalkerMassachusetts Supreme Judicial Court · 1808
3Cited by38 opinions
- White v. . MadisonNew York Court of Appeals · 1862
- Sinclair v. Jackson ex dem. FieldCourt for the Trial of Impeachments and Correction of Errors · 1826
- Mott v. HicksNew York Supreme Court · 1823
- Bank of Genesee v. . Patchin BankNew York Court of Appeals · 1859
- Bush v. . ColeNew York Court of Appeals · 1863
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