the chimney of defendant's mill, it was held that in the absence of the mill owner, notice of the dangerous condition of the chimney, to the foreman in charge, was equivalent to notice to his employer.1 III. NOTICE BY AN AGENT. § 696. Has the same force as when given by Principal. 699. Written or Verbal. 700. Effect of Subsequent Ratification. 701. Notice Unauthorized when Given, Valid only from Time of Ratification. $696. Has the Same Force as when given by Principal. - In most instances where notice is necessary to fix the liability of a party, or where such liability may be altered, modified, or discharged, by notice, such notice may be communicated by an agent, with the same effect as when given by the principal. In order to determine the validity of a notice given by an agent, it is often an important matter of inquiry whether the giving of the notice is within the scope of the agent's powers. The same principles that govern the giving of notice to an agent so as to bind his principal will not always apply to the notice given by an agent so as to bind the party notified. For the purpose of affecting a purchaser with notice of any defect. of title or secret equity with respect to the thing purchased, it is not always necessary to establish the relation of principal and agent between his informant and the vendor. It is in 1 Hoyt v. Jeffers, 30 Mich., 181. Ante II., Notice to an Agent. most cases sufficient to prove that the information was communicated by some one whose situation, or relations to the parties, were such as to render it incumbent upon the purchaser to heed the warning. Nevertheless, one contemplating a purchase may disregard mere idle and vague rumors respecting the property, which have no authoritative foundation whatever. § 697. Notice of Dishonor of Commercial Paper. For reasons peculiar to the law governing negotiable instruments, and which are entirely disconnected with the law of agency, notice of the dishonor of a note or bill, when given by any one of the parties to such instrument who had become liable thereon, may be taken advantage of by the others. It seems, also, that notice of dishonor may be given by any party to a bill,3 without regard to his own liability. But where such notice is permitted to be given effectually, by one not contingently liable as indorser or drawer, the notice is supported upon the ground that the party giving it acted as the agent of the party whose duty it was to give notice. It is quite certain, however, that an agent in whose hands the paper has been placed for presentation may give notice of its dishonor, either in his own name, or as agent of the real holder.5 $698. Notice to Quit. But when an estate or right is to be determined or affected by notice to the party in whom the same is vested, whether such notice be stipulated for by contract or be required by law, it must come from the party who by law, or the terms of the contract, is clothed with the power of terminating the estate, or affecting the right in this manner, 1 Ante SS 28, 29 2 Chapman v. Keane, 3 Ad. & Ell., 193; Jameson v. Swinton, 2 Camp., 373; Batchelor v. Priest, 12 Pick., 496. See § 703, Ch. VI. 3 Kent Com., 108. 2 Daniel on Negot. Inst., § 991; Mt. Pleasant Bk. v. McLeran, 26 Ia., 306; Glasgow v. Pratte, 8 Mo., 336. 'Bank of State of Mo. v. Vaughan, 36 Mo., 90; Fulton v. McCracken, 18 Md., 528; Burke v. McKay, 2 How., 66; Woodthorpe v. Lawes, 2 M. & W., 109. See § 714, et seq. Of this character are or from his duly authorized agent. notices to quit, from landlord to tenant. The reasons why the tenant could not safely respond to a notice to quit from an unauthorized person are so plain as not to require explanation. He is entitled to such notice as he may act upon with the assurance that the landlord desires to terminate the tenancy, and this can only be by a notice coming from some one with authority from the landlord himself. Although it has been held unnecessary, where such notice was given by an agent of the landlord, that the tenant should have evidence satisfactory to himself, that the one assuming to act as agent, was authorized to give the notice.3 $699. Written or Verbal. As to the manner of giving notice to quit, this will be more fully treated in another chapter; but where written notice not required when given by the landlord in person, verbal notice will be equally good from the agent. 5 $700. Effect of Subsequent Ratification. There does not seem to be entire harmony between the authorities, as to the curative effect of ratification upon notice given by one falsely assuming to act as agent of the landlord. As a general rule subsequent ratification, as we have seen, when made with knowledge of all the circumstances, will render binding upon the principal either the acts of an unauthorized agent or the unauthorized acts of an agent. The same principle will apply to the acts of an agent, in giving notice to quit so far as it is calculated to bind the landlord who ratifies it; but whether such subsequent ratification should render the notice retroactive, so as to bind the tenant, raises quite a different question. In some of the cases, however, it seems to be held that even a 1 Goodtitle v. Woodward, 3 B. & Ald., 689. Right v. Cuthell, 5 East, 491. Roe v. P.erce, 2 Camp., 96; Brahn v. Jersey City Forge Co., 38 N. J. L., 74. Ante Chap. IV., Pt. III. Roe v. Pierce, 2 Camp., 96. 'Ante SS 667, 668. suit founded upon such notice will be sufficient ratification to render the notice good though given by one who acted without authority. But both the weight of authority and the better reason are the other way. In the case of Right v. Cuthell,2 where the power of determining a lease by notice was in three persons, to be exercised jointly, only two of whom signed the notice, it was decided not to be good, and being a notice which the tenant was to act upon at the time, a subsequent ratification by the other person would not render it valid by relation. The notice was held bad for uncertainty, as the tenant would not know whether to quit or not until after the ratification. 8701. Notice Unauthorized when Given, Valid only from Time of Ratification. This principle would apply with still greater force where the landlord is required to give notice for a stated number of days. In such case the prescribed time should elapse, not only subsequent to the giving of the notice and the ratification, but also between notice of such ratification and the time fixed for quitting. Where the notice is unauthorized when given, it can only be considered valid from the time it is ratified by the principal. And though in a recent American case it was held not to be necessary that the agent should have express authority, in order to bind the tenant by notice, yet such authority should be at least inferred from the concurrence of the principal; and if the giving of the notice was an unauthorized act, a subsequent assent on the part of the landlord would not operate by relation to render it good." 4 'Goodtitle v. Woodward, 3 B. & Ald., 689; Roe v. Pierce, 2 Camp., 96. 25 East, 491. Doe v. Walters, 10 Barn. & Cres., 626; Doe v. Goldwin, 2 Ad. & Ell., 143 Brahn v. Jersey City Forge Co., 38 N. J. L., 74. CHAPTER VI. NOTICE OF DISHONOR OF COMMERCIAL PAPER. I. BY WHOM GIVEN. III. TIME OF GIVING NOTICE. IV. MANNER AND MODE. V. WAIVER AND EXCUSE. 1. BY WHOM NOTICE MAY BE GIVEN. §702. Generally it must be by Holder. 703. By any Party to the Instrument. 704. Criticism of Authorities by Judge Story. 705. Party Discharged Becomes a Stranger. 706. Party not Notified not Immediately Discharged. 707. Doctrine Declared by Chitty. 708. Notice given by Party before Received. 709. General Acceptance of the above Doctrine. 710. Notice by Acceptor. 711. By Acceptor Supra Protest. 712. By Drawee of Bill. 713. By Maker of Note. 714. By an Agent. 715. By Agent for Collection, or by Notary. 716. Holder to give Notice need not be Owner. 717. By Successive Agents to each Other. 718. Signing Wrong Name will not Affect Notice from Proper Party 719. Otherwise where Attorney has no Authority by Party whose Name is Used. 720. Authority to give Notice Implied. 721. Holder as Security may give Notice. 722. Notice from Stranger Adopted by Holder. 723. Party giving Notice may have no Knowledge at Time. 724. Notice by Executor. 725. By Assignee in Bankruptcy. 726. When by the Bankrupt. 727. By Guardian or Ward. 728. By Married Woman. |