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Denny v. Manhattan Co.

2 Denio 115
CourtNew York Supreme Court
DecidedJanuary 15, 1846
StatusPublished
Cited by18 cases

This text of 2 Denio 115 (Denny v. Manhattan Co.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Denny v. Manhattan Co., 2 Denio 115 (N.Y. Super. Ct. 1846).

Opinion

Per Curiam.

We entertain a pretty strong impression that the plaintiffs have failed to show a good title to the stock: but our decision will be put upon another ground, concerning which we have had no doubt from the moment the case was opened. If the plaintiffs have a cause of action against any one, it is not against the defendants, but against the Planters’ Bank of Tennessee. The defendants were not the agent of the plaintiffs and owed them no duty. They were the agent of the Planters’ Bank; and for a neglect to discharge their agency, they are answerable to their principal and to no one else. If third persons are injured by the neglect of a known agent, the rule is respondeat superior, and generally the action must be brought against the principal.

Judgment for defendants.

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Bluebook (online)
2 Denio 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/denny-v-manhattan-co-nysupct-1846.