Commercial Bank v. Waters
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, Irving E. Waters, for a new trial upon a case containing exceptions, ordered to be heard by the Appellate Division in the first instance, upon the verdict of a jury, rendered-by direction of the court after a trial at the Monroe Trial Term.
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Motion by the defendant, Irving E. Waters, for a new trial upon a case containing exceptions, ordered to be heard by the Appellate Division in the first instance, upon the verdict of a jury, rendered-by direction of the court after a trial at the Monroe Trial Term. Upon December 18, 1897, this defendant sent to the plaintiff’s cashier a' letter which reads substantially as follows: “ which, if satisfactory, please discount at 6 per cent and Ex. as marked, and send me Rew York draft for proceeds, with statement showing discount, etc., taken on each note. Or kindly return same by first mail. “…
1Opinion of the Court
Smith, J.:
In Mechem on Agency (§ 558) it is said: “ It is undoubtedly competent for an agent, although fully authorized to bind his principal, to pledge instead his own personal responsibility if he so prefers. The presumption is that the agent intends to hind his principal, but where he expressly charges himself personally, he will he so held.”
In Story on Agency (9th ed., § 261) it is said: “ When a man is known to he acting and contracting merely as the agent of another who is also known as the principal, his acts and contracts, if he possesses full authority for the purpose, will be deemed…
2Cases cited9 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Whitney v. WymanSupreme Court of the United States · 1880
- Hall v. . LauderdaleNew York Court of Appeals · 1871
- Baltzen v. . NicolayNew York Court of Appeals · 1873
- Mills v. HuntNew York Supreme Court · 1838
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3Cited by8 opinions
- Meyer v. . RedmondNew York Court of Appeals · 1912
- Jones v. GouldAppellate Division of the Supreme Court of the State of New York · 1908
- Hernandez v. Brookdale Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
- Eames v. H. B. Claflin Co.Court of Appeals for the Second Circuit · 1917
- Commercial Credit Corp. v. WellsAppellate Division of the Supreme Court of the State of New York · 1930
3 more not listed; retrieve them via the Exa API.