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" The general rule is, that the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master's benefit, though no express command or privity of the master be proved. "
Reports of Cases Heard and Determined in the Appellate Division of the ... - Page 41
by New York (State). Supreme Court. Appellate Division - 1909
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1869 - 970 pages
...Justice Willes delivered the judgment of the Exchequer Chamber in this case, and observed as follows : " The general rule is, that the master is answerable...express command or privity of the master be proved. That principle is acted upon every day in running-down cases; it has been applied also to direct trespass...
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The Law Reports. Court of Exchequer: From Michaelmas Term, 1865 ..., Volume 2

Great Britain. Court of Exchequer - 1867 - 468 pages
...benefit, no sensible distinction can be drawn between the case of fraud and the case of any other wrong. The general rule is, that the master is answerable...express command or privity of the master be proved. (3) That principle is acted upon every day in (1) 7 H. & N. 172; 30 LJ (Ex.) 337. (2) Hern v. Nichols,...
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A Treatise on the Rules for the Selection of the Parties to an Action

Albert Venn Dicey - 1870 - 582 pages
...benefit, no sensible distiuctlon can be drawn between the case of fraud and the case of any other wrong. The general rule is that the master is answerable...express command or privity of the master be proved ... In all ^the] cases [in which the master has been held liable], it may he said that the master has...
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The Indian Contract Act, No. IX of 1872: Together with an Introduction and ...

India - 1878 - 710 pages
...benefit, no sensible distinction can be drawn between the case of fraud and the case of any other wrong. The general rule is, that the master is answerable...express command or privity of the master be proved. That principle is acted upon every day in running down cases. It has been applied also to direct trespass...
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A Treatise on the Law of Negligence

Francis Wharton - 1874 - 960 pages
...237 ; Storey B. Ashton, LR 4 QB 476. § 161. Thus it has been judicially declared in England,1 that "the general rule is, that the master is answerable...express command or privity of the master be proved. That principle is acted upon every day in running-down cases. It has been applied also to direct trespass...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - 1874 - 880 pages
...distinction," it has been observed,5 " can be drawn between the case of fraud and the case of any other wrong. The general rule is, that the master is answerable...though no express command or privity of the master can be proved." Ill Fuller v. Wilson, which was an action on the case for a fraudulent misrepresentation...
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A Treatise on the Law of Warranties and Representations Upon the Sale of ...

Thomas William Saunders - 1874 - 238 pages
...no serviceable distinction can be drawn between the case of fraud and the case of any other wrong. The general rule, is that the master is answerable...benefit, though no express command or privity of the matter be proved : (Laugher v. Pointer, 5 B. & C. 547, at p. 554.) That principle is acted upon every...
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Leading Cases on the Law of Torts Determined by the Courts of America and ...

Melville Madison Bigelow - 1875 - 828 pages
...drawn between the case of fraud and any other wrong. The general rule is, that the master is anewerable for every such wrong of the servant or agent as is...though no express command or privity of the master is proved ; " citing Laugher p. Pointer, о Barn. & C. 047, 554. The nature of the action is still...
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Leading Cases on the Law of Torts Determined by the Courts of America and ...

Melville Madison Bigelow - 1875 - 808 pages
...master's benefit, no sensible distinction can be drawn between the case of fraud and any other wrong. The general rule is, that the master is answerable...as is committed in the course of the service, and lor the master's benefit, though no express command or privity of the master is proved ; " citing Laugher...
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Wrongs and Their Remedies: A Treatise on the Law of Torts, Volume 2

Charles Greenstreet Addison - 1876 - 762 pages
...the fraud was committed by the agent in the transaction of the ordinary business of the principal. The general rule is, that the master is answerable...in the' course of the service, and for the master's or principal's benefit, though no express command or privity by the master or principal be proved(c)....
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