Holt v. . Ross
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 59 Barb., 554.) This action was brought to recover back the amount paid the Merchants’ Uüion Express Company upon a draft or bill of exchange, upon the alleged forged indorsement of the payee.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 59 Barb., 554.) This action was brought to recover back the amount paid the Merchants’ Uüion Express Company upon a draft or bill of exchange, upon the alleged forged indorsement of the payee. The facts found by the referee are in substance as follows : That the Merchant's’ Union Express Company, of which • Elmore P. Ross is president, is a joint stock company, engaged in the usual business of express…
1Opinion of the Court
Earl, C.
The express company, when it presented the draft to the plaintiffs for payment and received payment, did not disclose its agency; therefore it is liable, as if actually principal in the transaction. It was so'decided in Canal Bank v. Bank of Albany (1 Hill, 287). It was not sufficient that the defendant acted as agent; to shield itself from liability it should have disclosed its agency. Such is the rule as to all agents. To shield themselves from liability for their acts they must give the names of their principals. Such is the rule in reference to the transfer of negotiable paper. If…
2Cited by8 opinions
- Carson v. Federal Reserve BankNew York Court of Appeals · 1930
- Meyer v. . RedmondNew York Court of Appeals · 1912
- De Remer v. . BrownNew York Court of Appeals · 1901
- John Minder & Son, Inc. v. L. D. Schreiber Co.District Court, S.D. New York · 1947
- Bixby v. DrexelNew York Court of Common Pleas · 1879
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