1 Hilt. 420 | New York Court of Common Pleas | 1857
Lead Opinion
— I think th.e agreement in writing, signed by/Bol-let, did not bind the defendant. Story on Agency, § 147. Mhe agreement must purport on its face to be that of the principal, which is not the case in the contract produced. A more liberal exposition is allowed in cases of unsolemn instruments, and especially of commercial and maritime contracts, which are usually drawn up in a loose and inartificial manner. Story, § 154. Accordingly, where an agent, duly authorized, made a note thus, “I promise to pay I. S. or order,’’ and sign’d it “Pro C. D., A. B.,” it was-held to bo the note of the principal, and not of the agent (Long v. Coburn, 11 Mass. R. 97); but a note drawn thus, “ Four months after date, I promise,” &c., and signed “ David HubbellHoyt, agent for the Churchman,” was declared to be the promise of the agent, and not of the principal, although Hoyt was duly authorized to make and sign the note. DeWitt v. Walton, 5 Selden, 570, opinion of Gardiner, J. The rule which prevails in Massachusetts does not, therefore, exist in this state. See, also, Moss v. Livingston, 4 Comstock, 208. Bollet, the agent, proved the letting, however, independently of the written agreement. It was for a year, to commence in futuro, and was valid for the term by paroi (Young v. Dake, 1 Seld. 463), and the authority of the agent, granted by parol, was sufficient to enable him to bind his principal. Warrell v. Munn & Prall, 1 Seld. 229. In reference to his authority the testimony was conflicting, and the decision of
Concurrence Opinion
I concur with Judge Brady in tbe order reversing tbe judgment. I am not prepared to say, however, that the parol evidence of an agreement, which was after-wards reduced to writing, was properly admitted. We are agreed that the sealed instrument did not bind tbe defendant; and if tbe parol evidence of the agreement prior to its submission to writing is improper, there is nothing to show the defendant’s liability. It is not necessary, however, to discuss that question at present.
Judgment reversed, and case referred back to referee, costsfcfd abide the event.