Legal Opinion

Whiting v. Saunders

Appellate Terms of the Supreme Court of New York

Decided April 15, 1898PublishedCited by 1 opinion

' Appeal from a judgment of the General Term of the City Court, affirming a judgment of the Trial Term, entered on the verdict of a jury, in favor of the plaintiffs, ■

1Opinion of the CourtGildersleeve, J.

The only question presented on this appeal that requires discussion is the claim of defendant that he was acting as agent for his wife, a disclosed principal, and without agreement to bind himself personally, and that he cannot, therefore, be held liable. It is well -settled that when the agency is disclosed, and the contract relates to the matter of the agency, and is within the authority conferred,. the agent will not be personally bound, unless upon clear and explicit evidence of an intention to substitute, or.to superadd, his personal liability for, or to that of the principal. See Hall…

2Cases cited2 opinions

  1. Hall v. . LauderdaleNew York Court of Appeals · 1871
  2. Ashner v. AbenheimNew York Supreme Court · 1897

3Cited by1 opinion

  1. Howell v. SmithSupreme Court of North Carolina · 1964

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