Moline Malleable Iron Co. v. York Iron Co.
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern District of Illinois. This is an action in assumpsit upon the common counts, brought by tiie York Iron Ooinpany to recover Cor 300 tons No. 2 soft Minneapolis pig iron, alleged to have been sold to the plaintiff in error through the agency of Forsyth, Hyde & Co., at the price of $15 per ton.
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In Error to the Circuit Court of the United States for the Northern District of Illinois. This is an action in assumpsit upon the common counts, brought by tiie York Iron Ooinpany to recover Cor 300 tons No. 2 soft Minneapolis pig iron, alleged to have been sold to the plaintiff in error through the agency of Forsyth, Hyde & Co., at the price of $15 per ton. For nearly seven years prior to the Kith ot May, 1893, Forsyth, Hyde & Go. had been the agents at Chicago of the defendant in error, under a written agreement hy which that firm undertook to act as the agents of the York Iron Company in…
1Opinion of the Court
JENKINS, Circuit Judge.
The right of a principal to sue and his liability to be sued upon a contract made by an agent in the name of and for the benefit and advantage of the principal are unquestioned; nor Is it doubted that an undisclosed principal may sue or be sued upon a contract made by his agent in the name of the latter (Story, Ag. § 160a; Mechein, Ag. § 769), except possibly (1) when the agent has contracted personally by deed; (2) when, in a contract of sale, the agent has a lien upon the subject-matter of the contract, or its proceeds, exceeding or equal to the value, in which case…
2Cases cited7 opinions
- Byington v. SimpsonMassachusetts Supreme Judicial Court · 1883
- Nicoll v. . BurkeNew York Court of Appeals · 1879
- National Life Insurance v. AllenMassachusetts Supreme Judicial Court · 1874
- Crane Elevator Co. v. ClarkCourt of Appeals for the Seventh Circuit · 1897
- Balderston v. National Rubber Co.Supreme Court of Rhode Island · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Rose v. SaundersCourt of Appeals for the Ninth Circuit · 1934
- In re BlanchardDistrict Court, D. New Jersey · 1918