Rogers v. Kneeland
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. Kneeland sued N. Rogers and two others, his partners,in the superior court of the city ofNew York, on a guaranty given under the following circumstances: Kneeland, as the factor or agent of a mercantile firm transacting business in Alabama under the name and style of L. Morgan Sons, having sold at the city of New York 124 bales of cotton, belonging to that firm,to one James Andrews, Andrews, in January term, 1822, commenced a suit against…
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Error from the supreme court. Kneeland sued N. Rogers and two others, his partners,in the superior court of the city ofNew York, on a guaranty given under the following circumstances: Kneeland, as the factor or agent of a mercantile firm transacting business in Alabama under the name and style of L. Morgan Sons, having sold at the city of New York 124 bales of cotton, belonging to that firm,to one James Andrews, Andrews, in January term, 1822, commenced a suit against Kneeland for a breach of warranty in the sale of the cotton, alleging a sale by sample, and that the cotton delivered was not,…
1Opinion of the Court
The following opinions were delivered:
By the Chancellor.
The offer to prove that Kneeland had'exceeded his authority, in selling the cotton by sample contrary to the express direction of the Morgans, was properly rejected. Such a defence might have been valid, if the suit had been brought against the Morgans upon an implied promise to indemnify Kneeland against a recovery by An-*119chews, arising from the relation of principal and agent. To raise such a promise by implication, the agent must show that he was acting within the scope of his authority, or that the principal has ratified his acts,…
2Cited by29 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Clark v. President of the Manufacturers' InsuranceSupreme Court of the United States · 1850
- Boykin v. Dohlonde & Co.Supreme Court of Alabama · 1861
- Lawler v. MurphySupreme Court of Connecticut · 1889
- Read v. Lehigh Valley Railroad Co.New York Court of Appeals · 1940
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