Newport v. Smith
Supreme Court of Minnesota
■Appeal by plaintiffs from an order of the district court for St. Louis county, Ensign, J., denying a motion for a new trial.
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■Appeal by plaintiffs from an order of the district court for St. Louis county, Ensign, J., denying a motion for a new trial. The fifth finding, referred to in the opinion, was as follows: “That the said plaintiffs, through their said agent, Chapin, engaged in negotiations with the said defendant, disclosing to him the advantages of the said plaintiffs for procuring such loan and soliciting the same, but prior to and at the time of the signing of the application and said, alleged contract set forth in the complaint, the said defendant informed and advised the said plaintiffs, through said…
1Opinion of the Court
MITCHELL, J.2
This action was brought to recover damages on the ground that defendant, assuming to be the agent of his mother, made a contract in her n'ame which was not binding upon •her by reason of the fact that it was unauthorized by her.
The ground and form of the professed agent’s liability in such cases has been the subject of discussion, but all the authorities are agreed that he is liable in damages to the person dealing with him upon the faith that he possessed the authority assumed. Sheffield v. Ladue, 16 Minn. 346, (388); Jefts v. York, 10 Cush. 392; Baltzen v. Nicolay, 53 N. Y.…
2Cases cited2 opinions
- Baltzen v. . NicolayNew York Court of Appeals · 1873
- Saint Paul & Sioux City Railroad v. MatthewsSupreme Court of Minnesota · 1871
3Cited by10 opinions
- Leroy v. Jacobosky.Supreme Court of North Carolina · 1904
- Bryce Et Ux. v. BullSupreme Court of Florida · 1932
- Love v. HarrisSupreme Court of North Carolina · 1911
- Eliason State Bank v. Montevideo Baseball Ass'nSupreme Court of Minnesota · 1924
- Love v. . HarrisSupreme Court of North Carolina · 1911
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