Doan v. Smith
Supreme Court of Connecticut
THIS was an action on a promissory note for 187 dollars 50 cents, dated April 12th, 1804. The following condition was annexed to the note at the time of executing it: “ Whereas C. W. Goodrich of New-York has had the collection of the notes Charles Magill gave for the sloop Hebe, and has, as we suppose, secured 750 dollars on said notes, in Wilmington, of which Capt.
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THIS was an action on a promissory note for 187 dollars 50 cents, dated April 12th, 1804. The following condition was annexed to the note at the time of executing it: “ Whereas C. W. Goodrich of New-York has had the collection of the notes Charles Magill gave for the sloop Hebe, and has, as we suppose, secured 750 dollars on said notes, in Wilmington, of which Capt. Hezekiah Smith [the defendant] owns one quarter: Now it is agreed, that if the said 750 dollars is secured to me, or collected by said C. W. Goodrich, within one year from this date, then the above note is to be null and void ;…
1Opinion of the Court
Swift, Ch. J.
The plaintiff had right to appoint an agent to collect the notes against Magill ; and when this note was executed, the defendant ratified what had been done by the plaintiff. Goodrich is, therefore, to be considered as the *353agent of both parties. At this time, all the proceedings respecting the collection of the notes against Magill, had taken place which now appear; but they were not known to the parties. The condition of the note was, that if the money due from Magill were secured to the plaintiff, or collected by Goodrich, in one year, the note was to be void. From the facts…
2Cited by1 opinion
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