Kidd v. Thomas A. Edison, Inc.
District Court, S.D. New York
At Law. Action by Mary Carson Kidd against Thomas A. Edison, Incorporated. On defendant’s motion to set aside, on exceptions, a verdict for plaintiff. This is a motion by the defendant to set aside a verdict for the plaintiff on exceptions.
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At Law. Action by Mary Carson Kidd against Thomas A. Edison, Incorporated. On defendant’s motion to set aside, on exceptions, a verdict for plaintiff. This is a motion by the defendant to set aside a verdict for the plaintiff on exceptions. The action was in contract, and depended upon the authority of one Fuller to make a contract with the plaintiff, engaging her without condition to sing for the defendant in a series of “tone test” recitals, designed to show the accuracy with which her voice was reproduced by the defendant’s records. The defendant contended that Fuller’s only authority was…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). „[1] The point involved is the scope of Fuller’s “apparent authority,” as distinct from the actual authority limited by the instructions which Maxwell gave him. The phrase “apparent authority,” though it occurs repeatedly in the Reports, has been often criticized (Mechem, Law of Agency, §§. 720-726), and its use is by no means free from ambiguity. The scope of any authority must, of course, in the first place, be measured, not alone by the words in which it is created, but by the whole setting in which those words are used, including the customary powers of…
2Cases cited11 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Great Northern Railway Co. v. O'ConnorSupreme Court of the United States · 1914
- Palmeri v. Manhattan Railway Co.New York Court of Appeals · 1892
- Quinn v. . PowerNew York Court of Appeals · 1882
- Insurance Company v. McCainSupreme Court of the United States · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Joseph P. Cange v. Stotler and Company, Inc.Court of Appeals for the Seventh Circuit · 1987
- Menard, Inc. v. Dage-MTI, Inc.Indiana Supreme Court · 2000
- Standard Distributors, Inc. v. Federal Trade CommissionCourt of Appeals for the Second Circuit · 1954
- American Anchor & Chain Corporation, Chester, Pennsylvania v. The United StatesUnited States Court of Claims · 1964
- American Anchor & Chain Corp. v. United StatesUnited States Court of Claims · 1964
3 more not listed; retrieve them via the Exa API.