Hoskins v. Swain

Citations

• 61 Cal. 338
• 1882 Cal. LEXIS 611

Syllabus

<p>Ostensible Authority of Agent—Payment to Agent—Principal and Agent—Defense to Action.—The plaintiff, whilst absent from the State, left the foreman of a foundry owned by him to continue to act as he had been doing as general superintendent and manager of the foundry. As such the foreman had been, by and with the sanction of the plaintiff, accustomed to buy materials for the foundry, employ workmen, sell the goods, collect accounts, and receipt for moneys received, and disburse them in the payment of bills against the foundry. During plaintiff’s absence the foreman contracted to cast a lot of jackscrews for defendants. Before they had been cast and delivered, the foreman borrowed from one C. a sum of 'money for the use of the foundry, and after the delivery of the screws assigned the accounts against the defendant.therefor as security to C., who collected the same from defendants.</p> <p>Held: The plea of payment was sustained by the evidence.</p>