The New York herald., 1876-09-15
UNITED STATES SUPREME COURT.

WASHINGTON, Sept II, 1876
PRINCIPAL AND AGExr-AurnoRirY OF LATTER TO
FILL BLANK FORKS Its EXTENT.
Mutual Lie Insurance. Company-AppeaI from the
Circuit Court Tor tho DIS rct of IowaPersons dealing
with agent arc entitled to the samo protection us
dealing with the principal tho extent that the agent
acts within the scope OF his authority. Pursuant to
that rule It is settled law that where party 10
table instrument intruss It TO another for such
with blanks not filled up, such instrumen. delivered
carries its face implied authority TO complete
the same by filing up the blanks. But the authority
implied from the existence OF the blanks would not
authorize the person intruscd with the instrument
vary or alter the material terms OF the instrument by
erasng what IL written Or printed part OF The same
pcrvert The scope and meaning OF the saino by
uing the blanks with stpuiatons repugnant To what
plainly and clearly expressed in the instrument
before IL SO delivered. BY virtue OF The Implied
authority such depositary may perfect in his dis
cretion what is incomplete by nlhns UP tho
blanks, hut he may not mako now instrument by
erasing what Is written or printed, nor by filing the
blanks with stipuiations repugnant to the plainly
pressed intention of the same, shown by lis written
or printed terms Goodman VS. simonds, 20 How,
$751; Bank Neal - Id. 1851 Such refer
cnce to the pleadngs will be unnecessary, as the
questions presented Tor decision chiefly OF the
facts deducibe from the proofs exhibited In the
record suice 10 say III that regard that Inc suit
was instituted by the complainant procure decree
that the bond and mortgage and the Two re insurance
policies described IN the bill OF complaint were dev
cred and assigned 10 the respondents without consd
eration and to OBTAIN decree setting aside said bond
and mortgage and lor return OF sad pocics the
same having been delivered to tho respondents rs
additional security loan Of $40 000 the proceeds
OF which came to the hands OF the planant;
and he charges that the proceeds of the loan were
never forwarded TO him by his authority that II tho
Insurance company ever paid the
funds 10 the person through whom the loan
negotiated, upon any order signed by him,
as pretended by tho respondents the order
forged by the party who presented
or by person Interested, cheat and deiraud
the complainant out Of the money. Service made
aud the corporation respondents appeared and nled
answer, which sncy alege that the BOND, mortgage
and ire policies were duly delivered to the company
by the agent OF the complainant, and they deny that
the order Tor the payment OF the proceeds Of the loan
forged, and aver that they made The payment 20
the person who presented u in good lath. Proofs
taken and the Court having hoard the parties,
entered decree dismssing the bill OF complaint. and
the complainant sppcaied TO :hs Court IL appearing
that the order tor the payment OF Inc money
blank FORM signed III blank by Angle, containing
printed words making the money payable IN drafts to
Angles order, and That the agent Of the company
erased these words and ntcrpolated words
funds" by which means he got possession OF the
money anu eloped, the Court held Tho change TO be
forgery and that instrument void. Reversed. Mr..
Justice Clifford delivered the opinion.