Hatch v. Squires

Michigan Supreme Court

Hatch v. Squires

11 Mich. 185, 1863 Mich. LEXIS 7

CourtMichigan Supreme Court

DecidedJanuary 13, 1863

StatusPublished

Cited by11 cases

This text of 11 Mich. 185 (Hatch v. Squires) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hatch v. Squires, 11 Mich. 185, 1863 Mich. LEXIS 7 (Mich. 1863).

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Opinion

Martin Ch. J.:

This case hinges almost entirely upon the admissibility of the acts and declarations of Walker — who purported to act as the agent of McCormick — without proof of such .agency. The- authority of an agent must be positively shown, either by proving his authority to act, or by proving his acts with the knowledge and recognition of his principal. In this case nothing of the kind was accomplished or attempted. The only attempt- to prove the agency of Walker was by proving his own acts and assertions. This is insufficient. As - these would not bind McCormick, so they would not hind the plaintiff in this cause. It is too obvious to need •demonstration that an agent’s authority can not be proved by his own assertion alone. There must be some evidence of •authority beyond his assertion, or of ratification of his acts, before any party can be bound by such acts.

There was error, therefore, in admitting evidence of the acts, declarations and promises of Walker; and the judgment must be reversed, with costs, and a new trial granted.

The other Justices concurred.

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Martin Ch. J.:

This case hinges almost entirely upon the admissibility of the acts and declarations of Walker — who purported to act as the agent of McCormick — without proof of such .agency. The- authority of an agent must be positively shown, either by proving his authority to act, or by proving his acts with the knowledge and recognition of his principal. In this case nothing of the kind was accomplished or attempted. The only attempt- to prove the agency of Walker was by proving his own acts and assertions. This is insufficient. As - these would not bind McCormick, so they would not hind the plaintiff in this cause. It is too obvious to need •demonstration that an agent’s authority can not be proved by his own assertion alone. There must be some evidence of •authority beyond his assertion, or of ratification of his acts, before any party can be bound by such acts.

There was error, therefore, in admitting evidence of the acts, declarations and promises of Walker; and the judgment must be reversed, with costs, and a new trial granted.

The other Justices concurred.

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Bluebook (online)

11 Mich. 185, 1863 Mich. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hatch-v-squires-mich-1863.

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