Rossiter v. Rossiter
New York Supreme Court
This was an action of assumpsit, tried at the Monroe circuit, in September, 1830, before the Hon. Addison Gardiner, one of the circuit judges.
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This was an action of assumpsit, tried at the Monroe circuit, in September, 1830, before the Hon. Addison Gardiner, one of the circuit judges. In the spring or summer of 1826, a mercantile firm transacting business at Watertown, in the county of Jefferson, under the name oí Fry & Murdock, failed, and assigned the property of the firm to Henry R. Pynchon, of New-Haven, in Connecticut, who stood bound as their endorser, in the sum of $15,-000. William S. Rossiter came to Watertown with a power of attorney from Pynchon, took charge of the property assigned, and was employed as the agent of…
1Opinion of the Court
By the Court Savage, Ch. J.. The distinction between a general and special agent is well settled : the acts of the former bind the principal, whether in accordance to his instructions or not; those of the latter do not, unless strictly within his authority. In this case, the defendant was the special agent of Pynchon; his letter of attorney specifies what business he is to transact: 1. He was to collect all demands due Pynchon, and to discharge and compound the same; He had authority to dispose of the real estate of Pynchon; and 3. To accomplish at discretion a complete adjustment of all the…
2Cited by67 opinions
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- Pentz v. StantonNew York Supreme Court · 1833
- Hermance v. Board of SupervisorsNew York Court of Appeals · 1877
- Porges v. United States Mortgage & Trust Co.New York Court of Appeals · 1911
- Dudley v. . PerkinsNew York Court of Appeals · 1923
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