Wires v. Briggs
Supreme Court of Vermont
This was an action on Book account, and from the auditors report the following facts appeared. That the defendant was an attorney, and prayed out, two writs from a Justice of the Peace, in favor Lansing King, against David Wilcox, upon which his name as an attorney for said King was indorsed; that he placed the writs in the hands of said King, who inclosed them in a letter to H. Stowell of Cambridge, requesting him to hand them to a legal officer to serve and return; that…
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This was an action on Book account, and from the auditors report the following facts appeared. That the defendant was an attorney, and prayed out, two writs from a Justice of the Peace, in favor Lansing King, against David Wilcox, upon which his name as an attorney for said King was indorsed; that he placed the writs in the hands of said King, who inclosed them in a letter to H. Stowell of Cambridge, requesting him to hand them to a legal officer to serve and return; that said Stowell delivered them to the plaintiff a Sheriff’s deputy, by whom they were legally served and returned; that…
1Opinion of the CourtBaylies, J.
The law respecting principal, and Agent is applicable to this case. “ In general where a man is “ known to act merely as an agent, where the principal is known, and there is no express engagement by the agent, nor circumstances from which it may be inferred that the credit is given to him, the rule is, that the agent, though the person immediately making the contract, is not subject to personal responsibility. It is laid down by very old authority, that if a servant by express words do not bind himself, if the thing come to the use of his master, he is not liable at all. No rule of law, it…
2Cited by6 opinions
- Judson v. . GrayNew York Court of Appeals · 1854
- Judd & Detweiler, Inc. v. GittingsCourt of Appeals for the D.C. Circuit · 1915
- Russell's v. FergusonSupreme Court of Vermont · 1905
- Doughty v. PaigeSupreme Court of Iowa · 1878
- Browd v. Fierman Reporting ServiceCircuit Court for the Judicial Circuits of Florida · 1983
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