A. Blum Jr.'s Sons v. Whipple
Massachusetts Supreme Judicial Court
Contract or tort, for the sum of $132.92, with counts for money had and received and for the conversion of two checks. Writ in the Municipal Court of the City of Boston dated December 28, 1903. Copies of two checks were annexed to the declaration, one dated April 26, 1901, for $82.92 and the other dated April 29, 1901, for $50. Both were payable to A. Blum Jr.’s Sons, and both were indorsed “Montrose K. Newman for A. Blum Jr.’s Sons ” and “ Pay to the order of the…
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Contract or tort, for the sum of $132.92, with counts for money had and received and for the conversion of two checks. Writ in the Municipal Court of the City of Boston dated December 28, 1903. Copies of two checks were annexed to the declaration, one dated April 26, 1901, for $82.92 and the other dated April 29, 1901, for $50. Both were payable to A. Blum Jr.’s Sons, and both were indorsed “Montrose K. Newman for A. Blum Jr.’s Sons ” and “ Pay to the order of the Metropolitan National Bank of Boston, J. R. Whipple & Co.” The answer contained a general denial, and alleged ratification of the…
1Opinion of the CourtSheldon, J.
As Newman was employed by the plaintiff corporation merely as a travelling salesman, with no authority to indorse the plaintiff’s name upon any checks or other instruments, and as he never was held out by the plaintiff as having any such authority, there is no doubt of the plaintiff’s right of *257recovery in this action unless it has lost this right by its long silence after its discovery of Newman’s wrongful acts. Robinson v. Chemical National Bank, 86 N. Y. 404. Buckley v. Second National Bank, 6 Vroom, 400. Graham v. United States Savings Institution, 46 Mo. 186. He was only a special agent…
2Cases cited8 opinions
- Hamlin v. . SearsNew York Court of Appeals · 1880
- Murphy v. Metropolitan National BankMassachusetts Supreme Judicial Court · 1906
- Foster v. RockwellMassachusetts Supreme Judicial Court · 1870
- Robinson v. . Chemical National BankNew York Court of Appeals · 1881
- Brown v. HenryMassachusetts Supreme Judicial Court · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Stone & Webster Engineering Corp. v. First National Bank & Trust Co.Massachusetts Supreme Judicial Court · 1962
- McDonald, Adm'r v. StrawnSupreme Court of Oklahoma · 1920
- Home Indemnity Co. v. State BankSupreme Court of Iowa · 1943
- Lindsley v. First National BankSupreme Court of Pennsylvania · 1937
- Kansas City Casualty Co. v. Westport Avenue BankMissouri Court of Appeals · 1915
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