Birkett v. Postal Telegraph-Cable Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Postal Telegraph-Gable Company, from a judgment of the Supreme Court in-favor of the plaintiff, entered in the office of the clerk of the county of Yates on the 27th day of June, 1904, upon the report of a referee. The appellant from 1899 to 1903 had in its employ as manager at ' Pénn Yan, one Harrington.
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Appeal by the defendant, The Postal Telegraph-Gable Company, from a judgment of the Supreme Court in-favor of the plaintiff, entered in the office of the clerk of the county of Yates on the 27th day of June, 1904, upon the report of a referee. The appellant from 1899 to 1903 had in its employ as manager at ' Pénn Yan, one Harrington. The business carried on at the defendant’s office was quite extensive for a country village and the part contributed by the plaintiff was large. Harrington was in -full control of this business for the defendant. A rule of the company required that he deposit the…
1Opinion of the Court
Spring, J..
The rule of law governing this case is elementary. A principal is liable to a third person for the misconduct of his agent committed in the line of his employment, even, though the offense was in excess of his authority “and the principal did not authorize, justify or know of it.” (Nowack v. Met. St. Ry. Co., 166 N. Y. 433,440: Jarvis v. Manhattan Beach Co., 148 id. 652,657 et seq.) Conceding this rule of law, the appellant contends that Harrington was not acting in the line of his employment in making false entries in the accounts *117rendered to the plaintiff. Harrington had general…
2Cases cited1 opinion
- Nowack v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
3Cited by18 opinions
- Billups Petroleum Co. v. Hardin's Bakeries Corp.Mississippi Supreme Court · 1953
- Wilmerding v. Postal Telegraph Cable Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Morrison v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1913
- Greenough v. United States Life InsuranceSupreme Court of Vermont · 1922
- Fein v. WeirAppellate Division of the Supreme Court of the State of New York · 1908
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