Wheeler v. McGuire, Scoggins & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Lawrence. Tried before the Hon. H. C. Speake. This action was brought by McGuire, Scoggins & Co., merchants and partners carrying on business in Nashville, Tennessee, against Joseph Wheeler; and was commenced on the 21th August, 1883. The cause of action was an account for goods alleged to have been sold and delivered to defendant, on the orders of'T. A. Tatham as bis agent, amounting to $291.13. The complaint contained only the common…
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Appeal from the Circuit Court of Lawrence. Tried before the Hon. H. C. Speake. This action was brought by McGuire, Scoggins & Co., merchants and partners carrying on business in Nashville, Tennessee, against Joseph Wheeler; and was commenced on the 21th August, 1883. The cause of action was an account for goods alleged to have been sold and delivered to defendant, on the orders of'T. A. Tatham as bis agent, amounting to $291.13. The complaint contained only the common counts. The defendant filed a plea, verified by affidavit, to the effect that, “as against himself, he denies the correctness…
1Opinion of the CourtClopton, J.
Appellees seek to recover the price of certain goods, which they allege were sold and delivered to appellant through T. A. Tatham. as his agent. The agency was not disputed; but defendant contends that Tatham was in his employ merely as a clerk, and was not authorized to purchase goods on a credit and bind him. The' plaintiffs contend, that Tatham was a general agent, having authority to transact all of defendant’s mercantile business, or was held out by defendant, or permitted to hold himself out as such, so as to justify the belief that he was clothed with the powers of a general agent. The…
2Cases cited9 opinions
- Frenkel v. HudsonSupreme Court of Alabama · 1886
- Claflin v. . LenheimNew York Court of Appeals · 1876
- Jaques v. ToddNew York Supreme Court · 1829
- Blevins v. PopeSupreme Court of Alabama · 1845
- Vandeventer & Co. v. FordSupreme Court of Alabama · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- McDonald, Adm'r v. StrawnSupreme Court of Oklahoma · 1920
- Southern States Fire Ins. v. KronenbergSupreme Court of Alabama · 1917
- Hall & Brown Woodworking Machine Co. v. Haley Furniture & Mfg. Co.Supreme Court of Alabama · 1911
- Girard Fire Marine Ins. Co. v. GunnSupreme Court of Alabama · 1930
- Dowdell v. BeasleySupreme Court of Alabama · 1920
43 more not listed; retrieve them via the Exa API.