New Hampshire Wholesale Fruit Co. v. Paine

The question how far the defendant is bound by the acts of the freight cashier, need not be considered. Assuming that the defendant put the cashier in a position of apparent authority to direct the plaintiff to the proper authorities to deal with the usual business of the defendant, the plaintiff’s case fails for the reasons hereinafter stated.

The question presented is whether an adjuster has implied authority to make the contract here set up. In order to charge a principal for the acts of his agent, in the absence of proof of express authority to act, it must appear that the principal has so…