Wait v. Albany & Susquehanna Railroad
New York Supreme Court
Appeal by the defendant from a judgment of the Otsego County Court, affirming a judgment rendered in Justice’s Court. In December, 1866, the defendant operated a railroad with its eastern terminus at Albany. One Race was its agent at Otego. He had no power or authority from the defendant, or any of its officers or agents, to make a contract to carry freight beyond the line of its road.
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Appeal by the defendant from a judgment of the Otsego County Court, affirming a judgment rendered in Justice’s Court. In December, 1866, the defendant operated a railroad with its eastern terminus at Albany. One Race was its agent at Otego. He had no power or authority from the defendant, or any of its officers or agents, to make a contract to carry freight beyond the line of its road. The evidence, however, authorized the court to find that, assuming to act for defendant, he agreed with the plaintiff and his assignee to carry a quantity of butter from defendant’s station at Otego to the city…
1Opinion of the CourtPotter, J.
The first question arising upon this appeal is, whether the local station agent, Race, had power to bind the defendant by a contract to carry freight beyond its line, if not against express instructions to the-contrary from its officers, yet clearly without authority to do so.
As the cases cited by the appellant’s counsel, to the point that parties dealing with an-agent are bound to take notice of his authority, apply only to special powers of agency, the question must be determined by ascertaining whether or not the power to make the contract stated was'within the general scope of the agent’s…
2Cases cited7 opinions
- Burroughs v. Norwich & Worcester RailroadMassachusetts Supreme Judicial Court · 1868
- Keeler v. . SalisburyNew York Court of Appeals · 1865
- Cary v. Cleveland & Toledo Rail RoadNew York Supreme Court · 1859
- H. G. Angle & Co. v. Mississippi & Missouri R. R.Supreme Court of Iowa · 1859
- Foy v. Troy & Boston Rail RoadNew York Supreme Court · 1856
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3Cited by2 opinions
- McLagan v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1902
- Page v. Chicago, St. P. M. & O. Ry. Co.South Dakota Supreme Court · 1895