Guy v. Oakley

13 Johns. 332

• Court: New York Supreme Court
• Decided: August 15, 1816
• Status: Published

Opinion

Per Curiam.

The plaintiff must have judgment upon the verdict as found, without any deduction. The tobacco was put into the hands of the defendant as a commission merchant, with instructions not to sell under a certain price. The defendant, in his character of commission merchant, had no authority to make any stipulation that the avails of the tobacco should be credited upon the plaintiff’s note.,,which .was held by ParkhilU He probably supposed -he w-ás -doing an act which would meet the approbation arid sanction of the, plaintiff,,.: But this wás aházard; he-took upon himself; it-wae not within the scope of his agency. If the. sale had been made by the defendant;'únder -his first ihsttuctions, by which hé was vested with discretionary powers, as, to. price,' there would, under .-the circumstances -of the case, be sópie- strong reason ,for malting'him responsible Only for the market price of the tobacco* He, ñó doubt; acted in-good faith.;. and, as. he- supposed, for the best interest of his principal.' But the. plaintiff,, by his subsequent-, orders, jimited the defendant,.-as to the.price, and he had- no right to sell.under it ; and behaving, in fact, sold at such price, he.mpst be responsible to, the plaintiff' for the amount of sales ¡it that rate, • : - : .

Judgment-forThe plaintiff*..