Sagone v. . MacKey
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 20, 1916, which reversed a determination of the Appellate Term reversing a judgment of the Municipal Court of the city of New York in favor of plaintiff and granting a new trial and affirmed said judgment. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 20, 1916, which reversed a determination of the Appellate Term reversing a judgment of the Municipal Court of the city of New York in favor of plaintiff and granting a new trial and affirmed said judgment. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant received the money in question as agent for a disclosed principal while acting within the scope of his authority, and the principal alone is liable for its…
1Opinion of the Court
Hiscock, Ch. J.
This action is brought for conversion of certain funds. At the time of the occurrences involved the defendant was the agent in New York city of the Illinois Surety Company, a foreign corporation engaged in the business, amongst other things, of furnishing bonds for administrators and guardians. The fact that the surety company was the principal acting through defendant as its agent was amply advertised and made fully apparent. As such agent the defendant was accustomed in behalf of his principal and in its name to collect pre miums and receive moneys deposited with it as…
2Cases cited2 opinions
- Bischoff v. . Yorkville BankNew York Court of Appeals · 1916
- In Re the Final Accounting of BarnesNew York Court of Appeals · 1893
3Cited by10 opinions
- Whiting v. . Hudson Trust Co.New York Court of Appeals · 1923
- Harding v. Ohio Casualty InsuranceSupreme Court of Minnesota · 1950
- Rodgers v. Bankers National BankSupreme Court of Minnesota · 1930
- Clarke v. Public National Bank & Trust Co.New York Court of Appeals · 1932
- Levinson v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1933
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