Post v. Pearson
Supreme Court of the United States
IN EREOR TO THE SUPEEME COUET OP THE TERRITORY OF DAKOTA.. This was an action brought in an inferior court of Dakota Territory by John B. Pearson against Álvin W. Whitney and Morton E. Post, copartners under the name of the Keets Mining Company.
Read the full summary
IN EREOR TO THE SUPEEME COUET OP THE TERRITORY OF DAKOTA.. This was an action brought in an inferior court of Dakota Territory by John B. Pearson against Álvin W. Whitney and Morton E. Post, copartners under the name of the Keets Mining Company. Annexed to the complaint was a copy of a contract under seal, entitled “Memorandum of an agreement made and entered into this 16th day of July, 1877, at Central City, Dakota, by and between A. W. Whitney, superintendent of the Keets Mining Company, ■ parties of the first part, and J. B. Pearson, party of the second partand by which “the said parties…
1Opinion of the CourtJustice Gray
After* reciting the facts as above set forth, he said :
It is unnecessary to consider whether, if this were to be treated as a contract .under seal, it could be held to be upon its. face the contract of the - Keets Mining Company, and not of Whitney only, or whether the oral testimony would have been admissible to charge Post; because,.by the Civil Code of Dakota, “ all distinctions between sealed and unsealed instruments are abolished,” and “ any instrument within the scope of his authority, by which an agent intends to bind his principal, does bind him, if such intent is plainly inferable…
2Cases cited3 opinions
- Whitney v. WymanSupreme Court of the United States · 1880
- Hitchcock v. BuchananSupreme Court of the United States · 1882
- Goodenough v. ThayerMassachusetts Supreme Judicial Court · 1882
3Cited by18 opinions
- United States Shipping Bd. Merchant Fleet Corporation v. HarwoodSupreme Court of the United States · 1930
- Abuc Trading & Sales Corp. v. JenningsCourt of Appeals of Maryland · 1926
- Pepper v. DonnellyCourt of Appeals of Kentucky · 1888
- Second National Bank v. Midland Steel Co.Indiana Supreme Court · 1900
- Delzar Construction Co. v. New Marian Homes Corp.North Dakota Supreme Court · 1962
13 more not listed; retrieve them via the Exa API.