Williams v. Dugan
Massachusetts Supreme Judicial Court
Contract for $375 with interest from January 3, 1913. Writ dated January 13, 1913. The declaration as. amended contained five counts. The first count was on a promissory note for $375 dated October 3, 1912, payable to the order of the plaintiff three months after date and signed “Bessie Dugan by Edw Dugan Atty.” The second count also was on the note. The third count was for money lent.
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Contract for $375 with interest from January 3, 1913. Writ dated January 13, 1913. The declaration as. amended contained five counts. The first count was on a promissory note for $375 dated October 3, 1912, payable to the order of the plaintiff three months after date and signed “Bessie Dugan by Edw Dugan Atty.” The second count also was on the note. The third count was for money lent. The fourth count was for money had and received to the plaintiff’s use, and the fifth count was for money paid for the defendant’s benefit. The answer, besides a general denial, alleged that the note, if made,…
1Opinion of the CourtRugg, C. J.
The power to borrow money or to execute and deliver promissory notes is one of the most important which a principal can confer upon an agent. It is fraught with great possibilities of financial calamity. It is not lightly to be implied. It either must be granted by express terms or flow as a necessary and inevitable consequence from the nature of the agency actually created.
It was said in Smith v. Cheshire, 13 Gray, 318, at page 320, “An agent who has authority to pay the debts of his principal, to disburse his moneys, to settle with his creditors, or even to bind him by a contract or…
2Cases cited7 opinions
- Newell v. HadleyMassachusetts Supreme Judicial Court · 1910
- Warren v. PazoltMassachusetts Supreme Judicial Court · 1909
- Foote v. CottingMassachusetts Supreme Judicial Court · 1907
- Bickford v. . MenierNew York Court of Appeals · 1887
- Exchange Bank v. ThrowerSupreme Court of Georgia · 1903
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3Cited by28 opinions
- Povey v. Colonial Beacon Oil Co.Massachusetts Supreme Judicial Court · 1936
- Hallett v. MooreMassachusetts Supreme Judicial Court · 1933
- International Strategies Group, Ltd. v. Greenberg Traurig, LLPCourt of Appeals for the First Circuit · 2007
- MacDonald v. GoughMassachusetts Supreme Judicial Court · 1950
- Malaguti v. RosenMassachusetts Supreme Judicial Court · 1928
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