Legal Opinion

Anderson v. Coonley

New York Supreme Court

Decided May 15, 1839PublishedCited by 21 opinions

Error from the Onondaga common pleas. Coonley sued Anderson in the court below, for the non-delivery of a quantity of barley, agreed to be sold at a certain price. On the trial of the cause, it appeared that the contract for the sale and purchase of the barley was made between Anderson and one W. S. Worthington, who was the agent of Coonley, to contract for the purchase of barley; and that the barley was not delivered pursuant to the contract.

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Error from the Onondaga common pleas. Coonley sued Anderson in the court below, for the non-delivery of a quantity of barley, agreed to be sold at a certain price. On the trial of the cause, it appeared that the contract for the sale and purchase of the barley was made between Anderson and one W. S. Worthington, who was the agent of Coonley, to contract for the purchase of barley; and that the barley was not delivered pursuant to the contract. The defendant offered to prove that soon after the contract was made, Worthington sent word to him that he did not want his barley, as it had been…

1Opinion of the Court

By the Court,

Nelson, Ch. J.

Í think the common pleas erred. A general agent is bound to exercise a sound discretion in the business in which he is engaged, and he possesses all the necessary implied powers within the scope of his authority for this purpose. An authority to settle accounts, implies a power to allow credits; to sell a horse, to make a sale in the usual way. The agent stands in the *280place of his principal, in respect to the particular business, and should conduct it as a.prudent and discreet man would manage his own affairs. The doctrine in respect to a special agent is different:…

2Cited by21 opinions

  1. Cruzan v. SmithIndiana Supreme Court · 1872
  2. Neppach v. Oregon & Cal. RailroadOregon Supreme Court · 1905
  3. Farm Bureau Mutual Insurance v. CoffinIndiana Court of Appeals · 1962
  4. Nelson v. Hudson River RailroadCommission of Appeals · 1872
  5. Noble v. NugentIllinois Supreme Court · 1878

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