Kelley v. Lindsey
Massachusetts Supreme Judicial Court
Action of contract on a check payable to the plaintiff and signed “ Benjamin Lindsey, by George G. Coffin.” There were also counts for money lent, and for money had and received.
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Action of contract on a check payable to the plaintiff and signed “ Benjamin Lindsey, by George G. Coffin.” There were also counts for money lent, and for money had and received. At the trial in the court of common pleas, before Morris, J., the evidence tended to show “that Coffin obtained the money of the plaintiff for the use of the defendant, and that it was applied for the benefit of the defendant in his business; that Coffin was, at the time the check was drawn and dated, the financial agent and confidential clerk of the defendant, and had charge of his money affairs, while the defendant…
1Opinion of the CourtDewey, J.
1. We perceive no objection to the admission of the testimony relied upon by the plaintiff to establish the agency of Coffin and his authority to bind the defendant, nor to the instructions given as to the nature of the evidence upon which a general authority to borrow money for his principal might be found by the jury.
2. We are of opinion that if Coffin had authority to borrow money on account of the defendant, to be used in the transaction of his business, and if in the exercise of such agency he borrowed money at a greater rate of interest than six per cent, per annum, the defendant would…
2Cited by1 opinion
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