New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-06-26

ssltus sst Everett Us Wcnd as; ~ a. a57l-bs, IN
shcr,y csnno, AL Ct o-ner, tile into ,oe osne
The instrument msy come 30 it has been lately held in "a,
tWhsh QuocDs teich. Journey Beh end Fills 4 ri
tzs) ,hmna bill O. la0iuR as M. he
es By the eonsSnOr and TO h dent bn not
Ieieoy 10 have u the perso
s The el ssiier il for yae the title the GOOD. is NO,
assn q p lSa Lord Cs%oSG delivering
o. sufn ssa sents In Comfy Hl q DEMO 32N cnief Jas
nsn bill dsdirs the Of the 900 sLond
bos. ~so aooe ,Sr.c It would coafr right. up,o
see ESQ leomTson vs. Domney, "a Mees W 4o2 Z.hri.
Wv CO. Aem.p Sand 6s) Com neIc, Bank Of Rochester
hs co seJed that Kyle the I'm, holder Of tho cs6c,. in
sel ard that In his hand, spurious and void f Ali ~.
have been mentioned Before i,' the
must be shown to have only ali the negotiable qualities Of
o o. scng. out others also which that does
Te.,inl hi: que'On. therefore, any conceivable mode
sens,a cha.ter BY the authority Of sdnised
fs,s, ., e} the most favorable sosl9se. have no hesitation
ouldeon 1t mainly BY assuming for these inrlmen The
negotiable artes tbs, the psina. claim TO have sc"rS
by transfer better Ais than thor assgnor had aud
vi" also said the argument tina, certificates Of
soei ave in the nature Of letters credit the d
81 which any oLe msb act and this Idea IL insisted
bs the dsfeI dss 10 way bound by the in
sesed By attending the denon Of letter Of credit
viii be seen there no re'emblsnee Thus 10 MeCaochs
merchant corespcpds TO another requesting hi T.
, Ttss Ss ss5e - .n6, '.% Of Or the
letter from one merchant In ore place deeteS 10 sDotS
bseT Of % sI e' Pes9D ,h.d' n.met
mcdies OF want moneys that he will procure same or
the letter that he viii PROVIDE him the he onsy
ss be As fy hire % cS isx n :ah
Bouverss Law Dictionary
the holder credit It's do request gu4ranes
IT, 50 the possession Of prepelty Of any descriptions the
the credit with other In sense every
of
may deal With him and be deceived They lend thei
csie Of the ownership stock 10 coporson Rss.sied
Imposing O9s.tn, to be performed
sen .eton except as greater restrictions b. placed upon
'like other by which tide manifested But
10 that like letter credit contains request express
ty general deal with advance money to the holder or
That It contains any assurance or guarantee addressed
found plain and long settled distinctions.
in . n e3. . Ss. the y O the PLAINTIFF title
flute want Of the Corporation stock 10
certificate void in the haEd. Kyle that Schuyler the
.sent w not sedDs within the Of hi. when be
PLAINTIFF rights the sn.er of Kyle ba been cor,
overcome difficulties Arising fraud q the agent
consdesiion this objection would sS have to be It
is obvious upon moments reflection that nesosbiy
mpsrt vitality 70 instrument uBder power
agent has exceeded presu nptve author
appearing on ts face to he svsn by one man f anoSer
b. md to inquire whether been given by due authority
'nS re that ho a in as s he ce.
question were chseeabe with notice OF the aud limit Of
Of Schuyler anser All claimed
in their behalf is that his act issuing aopsreny aud
Upon this urged that according the rule. Which
govern the relation OF principal and sseo the vdans
the authority it is admitted the plaintiffs Knew Ind
to know but was not known they that the doue
There the books many loose expressions concerning the
between general and agency. The dnc
aud
sufficient to solve great yseto Of II is prof able
to dwell that distinction. Underlying the whole subject
there . tins proposition hs PRINCIPAL boaPd
terms Of the instrument of the verbal may
other instances having authority which will
particular Get in question know Of other mode in which
cenroverted established But way
this is done 1t cannot no limited by secret straoonsof the
thorzed OF the agent on he oth,r these os
cple,, think are elementary.
But suppose agent authorized by the terms of his
appointment to enter Tito ensagenen series of
eS on behalf Of h aid While the appointment
business, but IN the form contemplated by the and
bis e contract the dealer rely assertion
:: :1d sa the the ne . and
but fact within the suthcny According 70 the authority
River Bank sst Aymer HILL S62 he There the
suhozed to draw AID ndore note. IN the mans sad TO
their were wit hin The but really had
s:ai which Ssd 8: ie's.
md Chief Justice Nelson delivered opposing opui)n
ION was reversed the Court of Errors but he
orted that Court If the reversal proceeded suppose
upon doctrine directly Opposite to that held BY the sa
,asme Court then the case Certainly suggests limit Of great
importance the liability Of principals the recosntsn OF
which would be decisive OF the controversy So In
Grant Norway no. Com benchl was held, after fd
discussion, that the master OF ship signing bill OF
isns goods not actually shipped was not to be con
sic cred the agent Of the owner Of the vessel so as to
faith the bill That is strong case The master OF the
Of the TO all matters wi hin the scope
of
Of adbg goods shpPed aid every bill asserts as
did in that case that the goose are reced on a
therefore, judged by its esrsce and me rspresea'aa
Of the agent strictly within tho powell Bot the principle
held to be liable because 1t W" not 50 IN fact TIE
doctrine that affirmed by the Enssh Cout OF tx
cbequer IN hubeItsey WaId "a EXchequer Rep, 800 T.,
10 Eng and Eq Rep ssh and again with crest deioera
Common Pleas Coleman Riches s Eng Law
The istincton Is lot always attended appar-
the power An asents sPPaTent those
which are confirmed by the terms of his appointment
notwithstanding secret Instructions or those WIN which hs
otbed by character In which he IL held ont 10 the
world although strictly within his mission Wos'eyer
authority thus manifested AZ us y within ths
and the PM bound foi that But is
oby clothe his act with all the inda
Of authority and yet Itself may be within the real
that the principal IL reseonsbe The appearance OF t9e
scs hs AGENT CIV The Fundamental proposition
that be boand only by the hozed acts Of
aIsy he cam lie charged bee anoher holia cop:
assion from him. falsely that his within IT,
Cases often which 70 csui observation mi APP
rear be within the principles stated ea' which really are
eins in ord er money be used the business OF
The atter Third person inspect the power advance the
Sc In such should hold the principal resp nsibe no.
because OF the sgL ea TO b. within the snh,'
power syen borrow money upon note. 9th
se apaies taat the 9pey DO paid g hn and 80 tae
tshOe iAn.yh sS ots on T.. fe. eosdoDs L
hen has 10 until she couddon has been fnhed 10