Illustrative Cases in Agency : With Analysis And Citations

Cover Illustrative Cases in Agency : With Analysis And Citations
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defendant was in respect to the res gestse, and the transactions given in evidence by the plaintiffs, and to disprove any connection with the making of the notes, or the consideration upon and for which they were made, and the relation in which lie stood to the property mort- gaged, and was all competent, bearing more or less directly upon the question of agency and the alleged ratification of the acts of the agent.
The question to the defendant as to his intent to ratify the giving the notes,
...was not the most appropriate interrogatory to draw out the evidence sought. The intent of the act was immaterial, if the defendant had deliberately and understand- ingly executed a deed reciting the notes as made by him and covenanting to pay them. The legal effect of such an instru- ment would not be evaded by the want of an actual intent to confirm the acts of the agent by whom the notes were made.
The answer of the witness only went to the fact that he did not deliberately and understandingly execute the mortgage as one given to secure these two notes as his notes past due.


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