Atto v. Saunders
Supreme Court of New Hampshire
Assumpsit, upon a contract of guaranty. Trial by jury and verdict for the plaintiff. Transferred from the September term, 1914, of the superior court by Pike, C. J. The defendant, doing business under the name of the Livermore Mills, was engaged in lumbering operations in Livermore in the winter of 1912-13. James C. Donahue was the foreman in charge of the work, the defendant living in Boston and not being present at the mills much of the time.
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Assumpsit, upon a contract of guaranty. Trial by jury and verdict for the plaintiff. Transferred from the September term, 1914, of the superior court by Pike, C. J. The defendant, doing business under the name of the Livermore Mills, was engaged in lumbering operations in Livermore in the winter of 1912-13. James C. Donahue was the foreman in charge of the work, the defendant living in Boston and not being present at the mills much of the time. December 3, 1912, Donahue employed Andrew W. Chesley to haul a large lot of logs to the mills at a certain price per thousand, the contract being…
1Opinion of the CourtWalker, J.
The defendant takes the position that his agent, Donahue, had no express authority to bind him by a contract of guaranty, and that the evidence was insufficient to warrant the jury in finding by implication that he had authority to bind the defendant by the contract upon which the plaintiff’s action is based. It may be conceded that a general agent has no power to enter into contracts of guaranty in behalf of his principal, not connected with the business of the agency, but it does not follow that he may not, in the reasonable prosecution of the business of the agency, make contracts with…
2Cases cited8 opinions
- Smith v. Bank of New EnglandSupreme Court of New Hampshire · 1903
- Brown v. WhippleSupreme Court of New Hampshire · 1877
- Guerin v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1899
- McDonald v. FernaldSupreme Court of New Hampshire · 1894
- Flint v. Boston & Maine RailroadSupreme Court of New Hampshire · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Davison v. ParksSupreme Court of New Hampshire · 1919
- Brownell v. Tide Water Associated Oil Co.Court of Appeals for the First Circuit · 1941
- Demetracopoulos v. Strafford Guidance CenterSupreme Court of New Hampshire · 1987
- Daniel Webster Council, Inc. v. St. James Ass'nSupreme Court of New Hampshire · 1987
- Schwartz v. Maryland Casualty Co.Supreme Court of New Hampshire · 1925
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