Hatch v. Squires
Michigan Supreme Court
Error to Washtenaw Circuit. Hatch, as agent for one McCormick, took from the possession of Squires certain personal property which was described in a chattel mortgage executed by him to McCormick. Squires replevied the property, and the principal question in the replevin suit was as to the validity of this mortgage, the consideration of which was a reaper and mower purchased of McCormick, and which was alleged to be worthless.
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Error to Washtenaw Circuit. Hatch, as agent for one McCormick, took from the possession of Squires certain personal property which was described in a chattel mortgage executed by him to McCormick. Squires replevied the property, and the principal question in the replevin suit was as to the validity of this mortgage, the consideration of which was a reaper and mower purchased of McCormick, and which was alleged to be worthless. On the trial, considerable evidence was given by plaintiff of the acts, declarations and promises of one Walker, who assumed to be acting as the general agent of…
1Opinion of the Court
Martin Ch. J.:
This case hinges almost entirely upon the admissibility of the acts and declarations of Walker — who purported to act as the agent of McCormick — without proof of such .agency. The- authority of an agent must be positively shown, either by proving his authority to act, or by proving his acts with the knowledge and recognition of his principal. In this case nothing of the kind was accomplished or attempted. The only attempt- to prove the agency of Walker was by proving his own acts and assertions. This is insufficient. As - these would not bind McCormick, so they would not hind…
2Cited by11 opinions
- Taylor v. . Commercial BankNew York Court of Appeals · 1903
- Connell v. McLoughlinOregon Supreme Court · 1895
- Hannan v. GreenfieldOregon Supreme Court · 1899
- West v. . Grocery Co.Supreme Court of North Carolina · 1905
- Bacon v. JohnsonMichigan Supreme Court · 1885
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