Presby v. Parker
Supreme Court of New Hampshire
From Merrimack Circuit Court. In equity. The bill prays for an injunction restraining said Parker from selling or transferring the notes mentioned in the report of the referee, and that the same may be delivered up to be cancelled.
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From Merrimack Circuit Court. In equity. The bill prays for an injunction restraining said Parker from selling or transferring the notes mentioned in the report of the referee, and that the same may be delivered up to be cancelled. The cause was committed to a referee, who reported the following conclusions of fact and of law ; and the questions arising thereon were transferred to this court for such action, order, or decree, as may be directed by Foster, 0. J.: — In the early part of the fall of 1869, the defendant — Alfred W. Parker — was the owner of a farm in Concord (Millville), which,…
1Concurrence
It is clear that the defendant cannot appropriate to himself the fruits of Hutchinson's fraudulent acts, without becoming responsible for his conduct. Admitting that Hutchinson was not his agent in fact, yet, by ratifying his acts, Hutchinson became in law his agent, and consequently he is bound by his representations. Story on Agency, secs. 442-454; Hatch v. Taylor, 10 N.H. 538; Concord Bank v. Gregg, 14 N.H. 340; Hovey v. Blanchard, 13 N.H. 145.
The referee also finds that the plaintiff would not have consummated the trade if the defendant had not suppressed information as to the quantity of…
2Cases cited3 opinions
- Concord Bank v. GreggSuperior Court of New Hampshire · 1843
- Hovey v. BlanchardSuperior Court of New Hampshire · 1842
- Hatch v. TaylorSuperior Court of New Hampshire · 1840