Clark v. Foster
Supreme Court of Vermont
This was a special action on the case for deceit, commenced against the defendant Foster and one John Taylor against whom a non est inventus return was made by the Sheriff. — Plea, general issue.
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This was a special action on the case for deceit, commenced against the defendant Foster and one John Taylor against whom a non est inventus return was made by the Sheriff. — Plea, general issue. The declaration alleges that the plaintiff was the owner of a piece of land in St. Albans, and the defendant and said Taylor assuming to be agents and attornies of one Joseph Weeks, and falsely pretending that they were duly authorised by Weeks to purchase the premises for him, and execute a mortgage deed for the security of the purchase money, the plaintiff deeded the land in question to said Weeks…
1Opinion of the Court
The opinion of the court was delivered by
Pheups, J.
It seems to be well settled, that a person assuming to act as the agent of another, without authority from his supposed principal, becomes personally liable. And it has been often held, that he may be treated as a principal party to the contract, and made responsible as such.
There are cases however, in which from the nature of the transaction, this remedy would be unavailable to the party injured. So in this case, if the defendent is treated as a principal in the contract, yet, the object of the contract being to create a security upon the…
2Cited by3 opinions
- Fitzsimmons v. JoslinSupreme Court of Vermont · 1849
- Brightlook Hospital Ass'n v. GarfieldSupreme Court of Vermont · 1918
- Weare v. GoveSupreme Court of New Hampshire · 1860