Cooley v. Perrine
Supreme Court of New Jersey
On certiorari to the Common Pleas of the county of Union. The following state of the case was agreed upon by the counsel of the respective parties : The appellees, the plaintiffs below, brought suit against the appellant, as defendant, to recover on a note of $75, dated August 11th, 1875, made to order of Jabez B. Cooley, payable three months after date. Jabez B. Cooley died after the making of the note and before it came due.
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On certiorari to the Common Pleas of the county of Union. The following state of the case was agreed upon by the counsel of the respective parties : The appellees, the plaintiffs below, brought suit against the appellant, as defendant, to recover on a note of $75, dated August 11th, 1875, made to order of Jabez B. Cooley, payable three months after date. Jabez B. Cooley died after the making of the note and before it came due. The note was part consideration on sale of a horse to defendant, Perrine, as below stated. To this action the defendant set up as defence that the horse was warranted…
1Opinion of the Court
The opinion of the court was delivered by
Dixon, J.
If, in this case, Woodward was anything more than a messenger, he was clearly only a special agent, i. e., one constituted for'a specific act and under an express power.
*325As to such an agent, it is settled that he does not bind his principal, unless his authority be strictly pursued, and those •dealing with him are chargeable with notice of its extent. Dunlap's Paley's Agency 202; 2 Kent's Com. 620; Story on Agency, §§ 21, 126; 1 Am. Lead. Cas. 560, note.
To determine, therefore, whether what Woodward did bound his constituent, his instructions,…
2Cases cited12 opinions
- Sandford v. HandyNew York Supreme Court · 1840
- Jeffrey v. BigelowNew York Supreme Court · 1835
- The Monte AllegreSupreme Court of the United States · 1824
- Smith v. . TracyNew York Court of Appeals · 1867
- Bradford v. BushSupreme Court of Alabama · 1846
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3Cited by1 opinion
- United States v. StrangstalienUnited States Court of Military Appeals · 1979