Downer v. Carpenter

New York Supreme Court

Downer v. Carpenter

4 Thomp. & Cook 59, 8 N.Y. Sup. Ct. 591

DecidedJune 15, 1874

StatusPublished

This text of 4 Thomp. & Cook 59 (Downer v. Carpenter) 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

Downer v. Carpenter, 4 Thomp. & Cook 59, 8 N.Y. Sup. Ct. 591 (N.Y. Super. Ct. 1874).

Pincite

Opinion

Gilbert, J.

The referee finds that the authority of Gormly, the agent, did not empower him to take the note so as to extend the time of payment, without the approval of the plaintiffs, and that the plaintiffs refused to approve. There is evidence sufficient to sustain these findings, and as the case does not show that all the evidence is set forth, we cannot review the findings.

The taking of the note, therefore, had no legal effect on the original demand. If the defendants had sustained any loss in consequence of the agent’s act, in excess of his authority, they might have been protected, upon the principle that where the agent’s act was within the general scope of his employment, but in excess thereof, the principal is responsible to a third person, who, having rightfully believed the agent was acting within his authority, would sustain a loss if the act were not considered the act of the principal. But this rule is applicable only where the question is, which of two innocent parties ought to bear a loss resulting from the agent’s misconduct.

The judgment must be affirmed.

Judgment affirmed.

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Gilbert, J.

The referee finds that the authority of Gormly, the agent, did not empower him to take the note so as to extend the time of payment, without the approval of the plaintiffs, and that the plaintiffs refused to approve. There is evidence sufficient to sustain these findings, and as the case does not show that all the evidence is set forth, we cannot review the findings.

The taking of the note, therefore, had no legal effect on the original demand. If the defendants had sustained any loss in consequence of the agent’s act, in excess of his authority, they might have been protected, upon the principle that where the agent’s act was within the general scope of his employment, but in excess thereof, the principal is responsible to a third person, who, having rightfully believed the agent was acting within his authority, would sustain a loss if the act were not considered the act of the principal. But this rule is applicable only where the question is, which of two innocent parties ought to bear a loss resulting from the agent’s misconduct.

The judgment must be affirmed.

Judgment affirmed.

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Bluebook (online)

4 Thomp. & Cook 59, 8 N.Y. Sup. Ct. 591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/downer-v-carpenter-nysupct-1874.