94 N.Y.S. 918 | N.Y. App. Div. | 1905
The rule of law governing this case is elementary. A principal is liable to a third person for the misconduct of his agent committed in the line of his employment, even, though the offense was in excess of his authority “and the principal did not authorize, justify or know of it.” (Nowack v. Met. St. Ry. Co., 166 N. Y. 433,440: Jarvis v. Manhattan Beach Co., 148 id. 652,657 et seq.) Conceding this rule of law, the appellant contends that Harrington was not acting in the line of his employment in making false entries in the accounts
The plaintiff was furnished with the tariff books of the defendant, and by examination of each statement with the tariff rates could have ascertained that he was being cheated. It is urged that he was negligent in failing to make these examinations and should not, therefore, be permitted to recover. The plaintiff was not obliged to act on the assumption that Harrington was defrauding him. The defendant had placed its agent in the responsible position of manager of its business. It vouched for his integrity to its patrons.
The judgment should be affirmed, with costs.
All concurred.
Judgment affirmed, with costs.