Doubleday v. . Kress
New York Court of Appeals
Appeal from order of General Term of the Supreme Court in the fourth judicial department, reversing- a judgment -in favor of plaintiff entered upon a verdict and reversing-an order of Special Term denying a motion for a new trial.. This action was brought to recover the amount of a promissory note for $800, made by defendant, dated April 11,1867, payable to the order of plaintiff, one year from date, “ at L. J. Wilkin’s land office in Dundee.”
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Appeal from order of General Term of the Supreme Court in the fourth judicial department, reversing- a judgment -in favor of plaintiff entered upon a verdict and reversing-an order of Special Term denying a motion for a new trial.. This action was brought to recover the amount of a promissory note for $800, made by defendant, dated April 11,1867, payable to the order of plaintiff, one year from date, “ at L. J. Wilkin’s land office in Dundee.” About the time-the note fell due she was told by her son-in-law, Theodore Miller, that defendant wished to pay interest and renew the note for one…
1Opinion of the CourtPeckham, J.
The question is,-had Murray, the son-in-law of plaintiff, who received the money on the note in suit, principal and interest, authority to do so, actual or apparent? If he had actual authority, of course that ends this suit, as the note sued on is paid. If he had apparent authority front the plaintiff, the result is the same.
Had he apparent authority ? Here possession of the note by the assumed agent, Hurray, unindorsed, without any other sustaining facts, is not sufficient to authorize payment to him.
This is well settled by authority. (Story on Agency, § 98, and cases there cited.) In…
2Cases cited1 opinion
- Foster v. . BealsNew York Court of Appeals · 1860
3Cited by35 opinions
- Smith v. . KiddNew York Court of Appeals · 1877
- Farr v. NewmanNew York Court of Appeals · 1964
- Jackson Paper Manufacturing Co. v. Commercial National BankIllinois Supreme Court · 1902
- Wynn v. GrantSupreme Court of North Carolina · 1914
- Wynn v. . GrantSupreme Court of North Carolina · 1914
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