Bohanan v. Boston & Maine Railroad
Supreme Court of New Hampshire
Assumpsit. The plaintiff’s evidence tended to prove that he was injured in 1896, while working for the defendants, and released them from liability on account of his injury in consideration of the promise of John II. Brown, their claim agent, that they would give him $500 and furnish him steady employment during good behavior. They paid the money and furnished him some work for two or three years, but have failed to give him steady employment.
Read the full summary
Assumpsit. The plaintiff’s evidence tended to prove that he was injured in 1896, while working for the defendants, and released them from liability on account of his injury in consideration of the promise of John II. Brown, their claim agent, that they would give him $500 and furnish him steady employment during good behavior. They paid the money and furnished him some work for two or three years, but have failed to give him steady employment. Brown told the plaintiff on the day of the settlement that lie was authorized to make it, and talked in regard to it with one Mooney, who was employed…
1Opinion of the CourtYoung, J.
The contract of an agent binds his principal only (1) when he authorizes his agent to make it, (2) when he gives the person dealing with his agent reason to believe that he has authorized it, and (3) when he ratifies it.
The testimony of the plaintiff’s witnesses as to what Brown said respecting his authority when he made this settlement was inadmissible to prove that he was authorized to make it, for an agent’s authority to make a particular contract cannot be proved by showing that he said he was authorized to make it; so there was no direct evidence of Brown’s authority to act for the…
2Cases cited6 opinions
- Hovey v. BrownSupreme Court of New Hampshire · 1879
- Gould v. BlodgettSupreme Court of New Hampshire · 1881
- Hayes v. ColbySupreme Court of New Hampshire · 1889
- Flanders v. PutneySupreme Court of New Hampshire · 1878
- Taylor & Farley Organ Co. v. StarkeySupreme Court of New Hampshire · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hornick v. Union Pacific RailroadSupreme Court of Kansas · 1911
- Brownell v. Tide Water Associated Oil Co.Court of Appeals for the First Circuit · 1941
- Cleveland, Cincinnati, Chicago & St. Louis, Ry. Co. v. GreenOhio Supreme Court · 1933
- Beall v. Morgantown & Kingwood RailroadWest Virginia Supreme Court · 1937
- Heckler v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1934
11 more not listed; retrieve them via the Exa API.