Reports of Cases Adjudged and Determined in the Supreme Court of Judicature and Court for the Trial of Impeachments and Correction of Errors of the State of New York Volume 15; With Copious Notes and References, Table of Citations &C
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Reports of Cases Adjudged and Determined in the Supreme Court of Judicature and Court for the Trial of Impeachments and Correction of Errors of the State of New York Volume 15; With Copious Notes and References, Table of Citations &C

Reports of Cases Adjudged and Determined in the Supreme Court of Judicature and Court for the Trial of Impeachments and Correction of Errors of the State of New York Volume 15; With Copious Notes and References, Table of Citations &C


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 Excerpt: ...decla-ration being in a somewhat different form. To the like effect is the form in Baxter v. Uozier, 5 Biug. N. C, 288. These and the like prece-dents and cases are, I apprehend, more prop-erly referable to the agreement of the parties express or implied that one shall hold the ex-clusive care and custody as bailiff of the other, than to the mere relation of joint tenants, ten-ants in common or partners. None of them appear to make out a complete case for the ac-tion between partners as such, in the terms re-quired by Coke and Fitzherbert. The Chief Justice concurred. Judgment for tlie defendant. Disttnguished-3 Barb., (SI. Keviewed-24 N. Y., 145, 148. Cited in-51 N. Y., To; 20 Barb., 447: 23 How. Pr., 211; 40 How. Pr., 152; 48 How. Pr., 6; 4 Sandf., 324. TAINTOR v. PKENDERGAST. 72 Parties--IVincipal May Maintain Action in His Own Name on Rights Acquired by Agent--Equities of Defendant against Agent--Generally. Action Cannot be Maintained in Agent's Name--Liability of--Of Principal--Concurrent Remedies--Exclusive Credit--Foreign Residence. A principal, whether foreign or domestic, may sue in his own name to enforce rights acquired by his agent In a course of dealing for the former: and th is, though the agent dealt without disclosing bis principal. The defendant, however, is not, by the mere form Note.--Principal and agent--When agent liable on contractu--Bight of y/rincijml to enforce contract--Foreign principal. In many caxes it is a Question of intent, whether the agent assumed a personal liability and depends on the terms of the particular contract and the surrounding circumstances. Oelricks v. Ford, 63 U. S., 49 (Book XVI., Law. ed.l; Green v. Kopke, 18 C. B., 549. The'mere fact that an agent acts f ma foreign principal does not, necessarily, render him..


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Product Details
  • ISBN-13: 9781231076736
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 1024
  • Spine Width: 51 mm
  • Width: 189 mm
  • ISBN-10: 1231076739
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1787 gr


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Reports of Cases Adjudged and Determined in the Supreme Court of Judicature and Court for the Trial of Impeachments and Correction of Errors of the State of New York Volume 15; With Copious Notes and References, Table of Citations &C
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Reports of Cases Adjudged and Determined in the Supreme Court of Judicature and Court for the Trial of Impeachments and Correction of Errors of the State of New York Volume 15; With Copious Notes and References, Table of Citations &C
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