Malic v. Fox

Citations

• 4 Cal. Unrep. 19
• 33 P. 441
• 1893 Cal. LEXIS 1068

Syllabus

<p>Agency—Estoppel of Principal.—A Bond Given to the Owner of a Boat, conditioned to pay for all goods delivered to F., as steward of the boat, was executed by the sureties’ bookkeeper without authority. In an action thereon by one who had furnished goods to F., it appeared that the bond was executed June loth; that plaintiff had commenced furnishing goods June 1st, on F. agreeing to pay on the 15th of each month, and had furnished goods to the value of $100 before the bond was executed; that on June 30th, when $237 was due, and P. refused to pay, plaintiff declined to furnish more goods but afterward, when P. showed him the bond, he continued to let P. have goods, but made no inquiry of the sureties as to the genuineness of the bond until after the goods sought to be recovered for were furnished. Held, that plaintiff did not deliver the goods to P. relying on the bond, “in good faith, and without ordinary negligence,” within the meaning of Civil Code, section 2334, providing that only in such ease is “a principal bound by the acts of his agent under a merely ostensible authority.”</p>