Hutchings v. Ladd
Michigan Supreme Court
Error to Wayne Circuit. This was an action to recover alleged damages against plaintiff in error, who undertook to forward goods to Saginaw City, but failed to send certain instructions of plaintiffs concerning the collection of money due upon said goods.
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Error to Wayne Circuit. This was an action to recover alleged damages against plaintiff in error, who undertook to forward goods to Saginaw City, but failed to send certain instructions of plaintiffs concerning the collection of money due upon said goods. The declaration contained a single count which alleged that Nov. 2, 1865, defendant was a forwarder, engaged in the business of forwarding goods from the City of Detroit to Saginaw City, Michigan, and that on that day plaintiffs delivered to defendant certain goods to be by him forwarded to Saginaw City to the American Express Company, to be…
1Opinion of the Court
Cooley Ch. J.
I am not satisfied that there is any thing in the contract upon which the plaintiffs below declared, which is beyond the scope of the ordinary business of the forwarder; and if not, there can be no question of the defendant’s liability upon it, since his clerk, left in charge of the receipt of goods, must be presumed to have authority to make all such contracts as are usual and proper in the business in which he was employed; and this presumption, in the absence of any-knowledge by plaintiffs of restrictions upon such authority, must be conclusive.
It was always the duty of the…
2Cited by14 opinions
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