Ward v. Williams
Illinois Supreme Court
This action was brought by Williams as president of the Southern Bank of Indiana, against Ward, as the indorser of a bill of exchange. The principal facts are briefly these : Ward, living at Detroit, wrote his name on the back of a printed form of a note, blank, except the check mark, which was filled with $3,000, and delivered it to one G. F. Lewis, on which to raise money for him, Ward.' Ward and Lewis had before borrowed money from the Southern Bank.
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This action was brought by Williams as president of the Southern Bank of Indiana, against Ward, as the indorser of a bill of exchange. The principal facts are briefly these : Ward, living at Detroit, wrote his name on the back of a printed form of a note, blank, except the check mark, which was filled with $3,000, and delivered it to one G. F. Lewis, on which to raise money for him, Ward.' Ward and Lewis had before borrowed money from the Southern Bank. On the 28th of January, 1858, Lewis presented this paper at the Southern Bank and applied for a discount. By the direction of Lewis it was…
1Opinion of the CourtCaton, C. J.
The counsel in their arguments, agree upon the correct principle of law as to the ratification of unauthorized acts done by one in the name of another. In general, where an agent is authorized to do an act, and he transcends his authority, it is the duty of the principal to repudiate the act so soon as he is fully informed of what has been thus done in his name, by the agent, else he will be bound by the act as having ratified it by implication; but where a stranger, in the name of another, does an unauthorized act, the latter need take no notice of it, although informed of the act thus done…
2Cited by11 opinions
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- Freeport Journal-Standard Publishing Co. v. Frederic W. Ziv Co.Appellate Court of Illinois · 1952
- Matlock v. WheelerOregon Supreme Court · 1896
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