Bank of State of Indiana v. Bugbee
New York Court of Appeals
This action is for money lent and advanced by the plaintiff to the defendant, at his request. The defendant, in 1858, resided at the city of Buffalo, and was owner of the schooner Waurecan. Yan Inwagen & Co. were grain brokers, residing and doing business at the city of Chicago. The defendant, in the month of July, 1858, sent his vessel to Chicago, and requested Yan Inwagen & Co. to buy for him .a cargo of corn and load it upon his vessel.
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This action is for money lent and advanced by the plaintiff to the defendant, at his request. The defendant, in 1858, resided at the city of Buffalo, and was owner of the schooner Waurecan. Yan Inwagen & Co. were grain brokers, residing and doing business at the city of Chicago. The defendant, in the month of July, 1858, sent his vessel to Chicago, and requested Yan Inwagen & Co. to buy for him .a cargo of corn and load it upon his vessel. The defendant did not provide them with funds with which to make the purchase. They purchased the corn and put it upon the defendant’s vessel, at Chicago.…
1Opinion of the CourtHunt, J.
Van Inwagen & Co., of Chicago, Illinois, were the special agents of the defendant, who resided at Buffalo, for the purchase of a cargo of number one corn, to be loaded upon the schooner Waureean, at the former place. The authority was in writing, and its legal effect was fixed by its terms. Van Inwagen & Co. were not the general agents of the defendant, and the power to bind their principal extended no farther than was given by the actual authority conferred upon them. They could not, like general agents, bind their principal, when acting within the ordinary scope of the business they were…
2Cases cited1 opinion
- Perrotin v. CuculluSupreme Court of Louisiana · 1834
3Cited by1 opinion
- Blass v. . TerryNew York Court of Appeals · 1898