Rhoades v. Blackiston
Massachusetts Supreme Judicial Court
Contract for breach of an agreement to sell and deliver coal. At the trial in this court, before Oolt, J., the plaintiff testified that after the making of the alleged agreement, and its breach by the defendants, he was adjudged a bankrupt; “ that he made the agreement while acting as agent of Alonzo V. Lynde, under authority from him, and made it as agent; that he owed Lynde a large sum of money, and had transferred his coal business to him as security for the debt; that it…
Read the full summary
Contract for breach of an agreement to sell and deliver coal. At the trial in this court, before Oolt, J., the plaintiff testified that after the making of the alleged agreement, and its breach by the defendants, he was adjudged a bankrupt; “ that he made the agreement while acting as agent of Alonzo V. Lynde, under authority from him, and made it as agent; that he owed Lynde a large sum of money, and had transferred his coal business to him as security for the debt; that it was agreed between them, that Lynde was to furnish the capital, and was to receive all the profits of the business,…
1Opinion of the CourtColt, J.
It is a well established rule of law, that when a contract, not under seal, is made with an agent in his own name for an undisclosed principal, either the agent or the principal may sue upon it. If the agent sues, it is no ground of defence that the beneficial interest is in another, or that the plaintiff, when he recovers, will be bound to account to another. There is an additional reason for giving this right to the agent, when he has a special. interest in the subject matter, or a lien upon it. But the rule prevails when the sole interest under the contract is in the principal. The agent’s…
2Cases cited1 opinion
- Ontario Bank v. MumfordNew York Court of Chancery · 1848
3Cited by20 opinions
- Deitz v. Insurance Co.West Virginia Supreme Court · 1888
- McElroy v. John Hancock Mutual Life InsuranceCourt of Appeals of Maryland · 1898
- Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1883
- Chace v. ChapinMassachusetts Supreme Judicial Court · 1881
- National Bank v. NoltingSupreme Court of Virginia · 1897
15 more not listed; retrieve them via the Exa API.