Bank of Batavia v. New York, Lake Erie & Western Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department in favor of plaintiff, entered upon an order made October 31, 1884, which denied a motion for a new trial and ordered judgment on a verdict directed by the court.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department in favor of plaintiff, entered upon an order made October 31, 1884, which denied a motion for a new trial and ordered judgment on a verdict directed by the court. (Reported below 33 Hun, 589.) This action was brought to recover damages alleged to have been sustained by plaintiff in consequence of the wrongful issue by defendant, through its- local freight agent at Batavia, of two bills of lading. The recital in one was as follows: “ Received from F. C. Williams the following articles (con tents…
1Opinion of the CourtFinch, J.
It is a settled doctrine of the law of agency in this State that where the principal has clothed his agent with power to do an act upon the existence of seme extrinsic fact necessarily and peculiarly within the knowledge of the agent, and of the existence of which the act of executing the power is itself a representation, a third person dealing with such agent in entire good faith, pursuant to the apparent power, may rely upon the representation, and the principal is estopped from denying its truth to his prejudice. (North River Bank v. Aymar, 3 Hill, 262; Griswold v. Haven, 25 N. Y. 595,…
2Cases cited1 opinion
- Griswold v. . HavenNew York Court of Appeals · 1862
3Cited by61 opinions
- Glanzer v. . ShepardNew York Court of Appeals · 1922
- American Society of Mechanical Engineers, Inc. v. Hydrolevel Corp.Supreme Court of the United States · 1982
- Gleason v. Seaboard Air Line Railway Co.Supreme Court of the United States · 1929
- National Bank of Commerce v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1890
- People's Trust Co. v. . SmithNew York Court of Appeals · 1915
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