Claflin v. Farmers' & Citizens' Bank of Long Island
New York Court of Appeals
This action was commenced on the 20th day of January, 1855, by the above named plaintiffs, to recover from the above named defendants the amount of three checks or drafts drawn on the defendants’ bank, and alleged to have been certified and accepted by the bank through C. W. Houghton, its president. A copy of the summons and complaint was served on the said 20th day of January, and a copy of the defendants’ answer, on the 8th day of February, in the same year.
Read the full summary
This action was commenced on the 20th day of January, 1855, by the above named plaintiffs, to recover from the above named defendants the amount of three checks or drafts drawn on the defendants’ bank, and alleged to have been certified and accepted by the bank through C. W. Houghton, its president. A copy of the summons and complaint was served on the said 20th day of January, and a copy of the defendants’ answer, on the 8th day of February, in the same year. At a circuit court held in the city of New York on the 6th day of May, 1856, by Justice Davies, the action was referred to E. P.…
1Opinion of the Court
The only question in this case, which seems to me to require serious consideration, is, whether Mr. Houghton could bind the bank by accepting checks or drafts drawn by himself. It is a well settled rule of the law of agency, to which I apprehend there is no exception, that no person can act as the agent of both parties to a contract, although he himself may have no interest on either side; nor can he act as agent in regard to a contract in which he has any interest, or to which he is a party on the side opposite to his principal. In the present case, Mr. Houghton, as the drawer of the checks,…
2Cited by69 opinions
- Auten v. United States Nat. Bank of NYSupreme Court of the United States · 1899
- New York & New Haven Railroad v. SchuylerNew York Court of Appeals · 1865
- N.Y. N.H.R.R. Co. v. . SchuylerNew York Court of Appeals · 1865
- Voltz v. . BlackmarNew York Court of Appeals · 1876
- Wagner Trading Co. v. Battery Park National BankNew York Court of Appeals · 1920
64 more not listed; retrieve them via the Exa API.