Legal Opinion

Saugerties & N. Y. Steamboat Co. v. Miller

Appellate Division of the Supreme Court of the State of New York

Decided November 12, 1902PublishedCited by 1 opinion

Appeal from trial term, Ulster county. Action by the Saugerties & New York Steamboat Company against William Starr Miller. From a judgment for plaintiff, defendant appeals. The defendant was the owner of a residence at Rhineelift, upon the Hudson river, in the state of New York, and also of one at Newport, in the state of Rhode Island.

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Appeal from trial term, Ulster county. Action by the Saugerties & New York Steamboat Company against William Starr Miller. From a judgment for plaintiff, defendant appeals. The defendant was the owner of a residence at Rhineelift, upon the Hudson river, in the state of New York, and also of one at Newport, in the state of Rhode Island. At various times in the years 1899 and 1900 he directed one James Connell, who was his head coachman, to take his horses, carriages, and baggage back and forth between RhineelifC and Newport, and gave him the money to pay for the expense of such transportation.…

1Opinion of the CourtSmith, J.

In Mechem, Ag. § 363, the right of an agent to pledge the credit of his principal is thus stated:

“An agent authorized to purchase goods for his principal, and who is supplied with funds for that purpose, has no implied authority to bind his principal by a purchase on credit; and in such a case the principal will not be bound by a purchase on credit, although the goods come in fact to his use, unless he has knowledge of the fact, and does something in ratification of it, or unless it be shown that it is the custom of the trade to buy on credit.”

In Brooks v. Mortimer, 10 App. Div. 518, 42 N. Y.…

2Cases cited3 opinions

  1. Jaques v. ToddNew York Supreme Court · 1829
  2. Komorowski v. KrumdickWisconsin Supreme Court · 1882
  3. Brooks v. MortimerAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by1 opinion

  1. American Movie Classics v. Rainbow Media HoldingsCourt of Appeals for the Tenth Circuit · 2013

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