Stone v. Wood
New York Supreme Court
On demurrer to the declaration. This was in covenant a charter party of affreightment. The defendant craved oyer; upon which the instrument was set out on the record follows: “ This charter party, &o., indented, &c., between Cant. Gryles P. Stone, part owner of the good ketch Greorge, &c., whereof Gyles P. Stone is at present master, on the one part, and Timo. IT.
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On demurrer to the declaration. This was in covenant a charter party of affreightment. The defendant craved oyer; upon which the instrument was set out on the record follows: “ This charter party, &o., indented, &c., between Cant. Gryles P. Stone, part owner of the good ketch Greorge, &c., whereof Gyles P. Stone is at present master, on the one part, and Timo. IT. Wood, as agents of J. & E. Eaymond, witnesseth, that the said Gyles P. Stone, for the consideration, &c., hath letten to freight the whole of the aforesaid ketch, &c., for a voyage to be made by the said Timo. IT. Wood as agent, to…
1Opinion of the Court
Curia, per Savage, Ch. J.
The question is, whether the defendant is liable personally on this contract. That J. & E. Baymond are not liable on the contract, there can be no doubt. When an agent or attorney contracts on behalf of his principal, he must do so in the name of the principal, or the latter is not bound. (9 Co. 76, 77, Combes’ case.) When'any one has authority, to do an act, it should be done in the name of him who gives the authority; not in the name of the attorney. All the subsequent cases agree "in tho law as thus laid down by Coke. There is no contradiction on the subject. The…
2Cases cited5 opinions
- Hodgson v. DexterSupreme Court of the United States · 1803
- White v. SkinnerNew York Supreme Court · 1816
- Johnson v. BeardsleeNew York Supreme Court · 1818
- Bogart v. De BussyNew York Supreme Court · 1810
- Stanton v. CampNew York Supreme Court · 1848
3Cited by20 opinions
- Decker v. . JudsonNew York Court of Appeals · 1857
- Bank of Genesee v. . Patchin BankNew York Court of Appeals · 1859
- Allen v. PegramSupreme Court of Iowa · 1864
- North v. HenneberryWisconsin Supreme Court · 1878
- Eagle Woolen Mills Co. v. MonteithOregon Supreme Court · 1868
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