Langlois v. Gragnon

Citations

• 123 La. 453
• 49 So. 18
• 1909 La. LEXIS 727

Syllabus

<p>1. Principal and Agent (§ 157*) — Acts op Agent — Validity.</p> <p>An agent whose interest in a transaction is adverse to his principal cannot bind the principa].</p> <p>[Ed. Note. — For other cases, see Principal and Agent, Cent. Dig. § 588; Dec. Dig. § 157.*]</p> <p>2. Principal and Agent (§ 148*) — Want op Authority op Agent — Notice.</p> <p>Where, from the circumstances of the particular business, the interests of the agent and of the principal are necessarily adverse, a third person dealing with the agent is chargeable with notice of the want of authority of the agent to hind the principal.</p> <p>[Ed. Note. — For other cases, see Principal and Agent, Dec. Dig. § 148.*]</p> <p>3. Banks and Banking (§ 117*) — Want op Authority op Agent — Notice.</p> <p>A cashier of a bank, in sole charge thereof, promised his creditor to deposit in the bank the amount of the debt at maturity. The amount was not credited on the passbook of the creditor, nor was any entry made thereof on the books of the bank. The creditor accepted the false statement of the cashier that the deposit had been made, and drew against the deposit, and his checks were paid on presentation. Subsequently the bank went into liquidation. The creditor did not show that he could have made his claim out of the cashier. Held, that the creditor was liable, to the bank for his overdrafts, and the bank was not responsible to him as a depositor for the amount the cashier agreed to deposit to his credit.</p> <p>[Ed. Note. — For other cases, see Banks and Banking, Gent. Dig. § 288; Dec. Dig. § 117.*]</p>