Noble v. Nugent

Citations

• 89 Ill. 522

Syllabus

<p>1. Agency—when payment to agent is good. Payments made to an agent are good and obligatory upon the principal in all cases where the agent is authorized to receive payment, either by express authority, or by that resulting from the usage of trade, or from the particular dealings between the parties.</p> <p>2. Where a person procured a loan of money from a party living some distance away in the country, on deed of trust security, taking one of the notes payable to himself, and fixed the terms of the loan, and the proof showed that such person for a number of years was the general agent of the lender in the city to loan and collect moneys for him, and that such person furnished him with statements of moneys received on his account and reinvested or paid to him, and that several of the payments made by the borrower had been paid to him by such agent, and various payments of interest after the maturity of the debt, it was held, the principal was bound by subsequent payments made to such agent, without notice given by him to the borrower not to pay to him.</p> <p>3. Same—when special. The authority of an agent being limited to a particular business, does not make it special; it may be as general in regard to that as if its range was unlimited.</p> <p>4. Same. The act of a general agent, or one whom a man puts in his place to transact all his business of a particular kind, will bind the principal - so long as the agent keeps within the scope of Ms authority, though he may act contrary to Ms private instructions.</p>