Reports of Cases Decided in the Court of Appeals of the State of New York Volume N . 220
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. 1917 edition. Excerpt: ...authority to act for the defendant were set out in awritten contract, and this authority pertained to the examination and insurance of titles to real estate and the isssuing of guaranteed searches for the defendant with the assumption of responsibility by the Buffalo company to the defendant in respect of such business as the former was permitted and authorized to do. This delegation of actual power clearly did not authorize the Buffalo corporation as a Buffalo branch or agency to make unusual contracts like the one in question settling claims against the defendant for errors in searches which the latter had furnished. Nor are we able to find any evidence that the defendant by its course of conduct clothed the Buffalo corporation with such apparent authority as would include making in its behalf a contract like the one in question. It follows, therefore, that Mr. Clinton as a vice-president and one of the board of managers of the Buffalo corporation did not have authority to make the contract. But it is urged that the defendant in effect permitted Mr. Clinton to hold himself out in making this contract as one of its vice-presidents and managers and that as such oflicer he could bind it by the attempted contract. It is a fact that Mr. Clinton in his negotiations with plaintifis did describe himself as vice-president at various times. But he was not a vice-president of the defendant and the evidence indicates that plaintiffs through their representatives were advised of this fact rather than misled into thinking that he was such an ofiicer of the 1917. Opinion, per HISCOCK, Ch. J. 220 N. Y. defendant. Mr. Clinton, himself, was permitted to testify that he was acting as vice-president of the Buffalo corporation and other evidence was furnished both...
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