Henry v. . Allen
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial department, entered May 1, 1894, which affirmed a judgment in favor of defendant entered upon the report of a referee dismissing the complaint upon the merits. This action was originally commenced against Norman M. Allen and Hoyt M. Allen as co-partners in the business of banking at Dayton in this state, under the firm name of Norman M. Allen & Son.
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Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial department, entered May 1, 1894, which affirmed a judgment in favor of defendant entered upon the report of a referee dismissing the complaint upon the merits. This action was originally commenced against Norman M. Allen and Hoyt M. Allen as co-partners in the business of banking at Dayton in this state, under the firm name of Norman M. Allen & Son. While the appeal to the General Term was pending Hoyt M. Allen died, and Norman M. Allen is alone respondent. The action was founded on thirty-three written…
1Opinion of the CourtVann, J.
The learned General Term proceeded to judgment upon the ground that a principal is chargeable with the knowledge acquired by an agent while transacting his business, and that hence the jdaintiff had constructive notice of the circumstances under which Monson procured the instruments in question from the defendants. The general rule that notice to the agent, while acting within the scope of his authority and in regard to a matter over which his authority extends, is notice to the principal, rests upon the duty of disclosure by the former to the latter of all the material facts coming to his…
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