76 A.D. 167 | N.Y. App. Div. | 1902
In Mechera on Agency (§ 363) the right of an agent to pledge the credit of his principal is thus stated: “ An agent authorized to purchase goods for his principal, and who is supplied with funds for that purpose, has no.implied authority to bind his principal by a purchase on credit, and in such a case the principal will not be bound by a purchase oil credit, although the goods come in fact to his use, unless he has knowledge of the fact and does something in ratification of it, or unless it be shown that it is the custom of the trade to buy on credit.” In Brooks v. Mortimer (10 App. Div. 518) the opinion in part reads: “ In order to uphold this position we must establish it as a rule of law that the mere relation of master and servant implies a right in the servant to use the credit of the master to obtain such articles as the servant uses in the performance of his duties, and that where the articles are fiirnished to the servant and used by the master, an obligation is created upon ■ the master’s part to pay therefor, and this without regard to -the
All concurred.
Judgment reversed and new trial granted, with costs to appellant to abide event.