Legal Opinion

Saugerties & New York Steamboat Co. v. Miller

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 2 opinions

Appeal by the defendant, William Starr Miller, from a judgment •of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 26th day of February, 1902, upon the decision of. the court rendered after, a trial at the Ulster Special Term, the parties having waived a trial by jury. The defendant was the owner of a residence at Rhinecliff, upon the.

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Appeal by the defendant, William Starr Miller, from a judgment •of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 26th day of February, 1902, upon the decision of. the court rendered after, a trial at the Ulster Special Term, the parties having waived a trial by jury. The defendant was the owner of a residence at Rhinecliff, upon the. Hudson river, in the State of New York, and also of one at Newport, in the State of Rhode Island. At various-times in the years 1899 and 1900 he directed one James Connell, who was his head…

1Opinion of the Court

Smith, J.:

In Mechera on Agency (§ 363) the right of an agent to pledge the credit of his principal is thus stated: “ An agent authorized to purchase goods for his principal, and who is supplied with funds for that purpose, has no.implied authority to bind his principal by a purchase on credit, and in such a case the principal will not be bound by a purchase oil credit, although the goods come in fact to his use, unless he has knowledge of the fact and does something in ratification of it, or unless it be shown that it is the custom of the trade to buy on credit.” In Brooks v. Mortimer (10…

2Cases cited4 opinions

  1. Jaques v. ToddNew York Supreme Court · 1829
  2. Komorowski v. KrumdickWisconsin Supreme Court · 1882
  3. Brooks v. MortimerAppellate Division of the Supreme Court of the State of New York · 1896
  4. Laing v. . ButlerNew York Court of Appeals · 1888

3Cited by2 opinions

  1. Industrial Manufacturers, Inc. v. Bangor Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1953
  2. American Movie Classics v. Rainbow Media HoldingsCourt of Appeals for the Tenth Circuit · 2013

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