O'Neil v. Dunn
Supreme Court of New Hampshire
Facts found by a referee. November 27,1883, Dunn was at work for the Nashua Lock Company, the trustee, and on that day made an assignment of his wages, to Barry. Barry took the assignment to the counting-room of the company, and, finding one R. P. Moseley there, asked him if he was the party to accept assignments of wages made by persons in the employment of the company.
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Facts found by a referee. November 27,1883, Dunn was at work for the Nashua Lock Company, the trustee, and on that day made an assignment of his wages, to Barry. Barry took the assignment to the counting-room of the company, and, finding one R. P. Moseley there, asked him if he was the party to accept assignments of wages made by persons in the employment of the company. Moseley informed Barry that he was, and wrote across the back of the assignment the following words: “Accepted Nov. 27, 1883, Nashua Lock Company by R. P. Moseley.” Barry took the assignment with this endorsement, and filed…
1Opinion of the CourtClark, J.
The only objection made to the validity of the assignment is, that it was not duly accepted. The acceptance by Moseley was prima facie the acceptance of the lock company, and sufficient to entitle the assignment to record. He was a clerk employed in the counting-room by the treasurer with the assent of the directors, holding confidential relations to the company, and representing it at its place of business, and holding .himself out as authorized to accept assignments of wages of persons in the employ of the company. In accepting the assignment, he assumed to act for the company. The act was…
2Cited by2 opinions
- Anderson v. ScottSupreme Court of New Hampshire · 1900
- Lamoureux v. MorinSupreme Court of New Hampshire · 1903