White v. Madison
New York Court of Appeals
Appeal from a judgment of the supreme court. This action was brought by the receiver of an insurance company, to recover the amount due on a premium note made by the defendant in the name of one Snow, and which note was signed, 1ST. D. Snow, sheriff of Chan, county, by A. Z. Madison, dep. shef.
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Appeal from a judgment of the supreme court. This action was brought by the receiver of an insurance company, to recover the amount due on a premium note made by the defendant in the name of one Snow, and which note was signed, 1ST. D. Snow, sheriff of Chan, county, by A. Z. Madison, dep. shef. The defendant, at the time of the execution of the note, was the deputy of said Snow, who was then the sheriff of Chautauque county, and as such "deputy had seized goods in transitu from New York to Indiana on attachment, and at the same time being agent of said insurance company, caused said goods to…
1Opinion of the Court
By the court, Henry R. Selden, J.
It was proved, on the trial in this case, that'the defendant on the trial of the former action against the sheriff, testified that he had no authority from the sheriff to execute in his name the note mentioned in the complaint, unless that authority was within his general powers as a deputy of the sheriff; and the counsel on both sides have assumed that he had, as deputy, no such authority. It seems also to have been assumed that^¿he sheriff had no power to insure, in his official capacity, the goods attached, and that consequently the deputy could not insure…
2Cases cited10 opinions
- Rossiter v. RossiterNew York Supreme Court · 1832
- Hatch v. MannCourt for the Trial of Impeachments and Correction of Errors · 1835
- White v. SkinnerNew York Supreme Court · 1816
- De Forest v. Fulton Fire InsuranceThe Superior Court of New York City · 1828
- Palmer v. StephensCourt for the Trial of Impeachments and Correction of Errors · 1845
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3Cited by1 opinion
- Dufour v. AndersonIndiana Supreme Court · 1884