Legal Opinion

Planters' & Farmers' National Bank of Batimore v. First National Bank of Wiilmington

Supreme Court of North Carolina

Decided June 5, 1876PublishedCited by 9 opinions

Civil ActioN commenced before a magistrate and tried on appeal by MoKoy, J., at Spring Term, 1876, of New Hak-over Superior Court.

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Civil ActioN commenced before a magistrate and tried on appeal by MoKoy, J., at Spring Term, 1876, of New Hak-over Superior Court. The following is the statement of the case sent up with the record to this Court : On or about the 20th September, 1873, the plaintiff sent to defendant for collection a draft in plaintiff’s favor on one Adams, then residing in Washington, N. C., for $87.58. The defendant transmitted it to the banking house of Burbank & Gallagher, in Washington, N. C., for collection-, who collected the draft and failed before turning the money over to defendant. At the time the…

1Opinion of the CourtBynum, J.

The right of the plaintiff to recover depends upon the right of the defendant to delegate his authority. The general principle is that delegatus non potest ddegtms. But it is certain that the principal may, if he chooses, give this power of substitution to his agent by express grant. It Is equally certain that the principal may confer this power -otherwise-; not only by other language, but without any express words to that effect. If a principal constitutes an agent to do a business which obviously or reasonably cannot be •done by an agent otherwise than through a sab-agent; or if there is,…

2Cases cited1 opinion

  1. Thomas Wilson & Co. v. SmithSupreme Court of the United States · 1845

3Cited by9 opinions

  1. First National Bank of Richmond v. DavisSupreme Court of North Carolina · 1894
  2. Malloy v. Federal Reserve Bank of RichmondDistrict Court, E.D. North Carolina · 1922
  3. Bank v. . DavisSupreme Court of North Carolina · 1894
  4. Bank v. FloydSupreme Court of North Carolina · 1906
  5. Huntley v. . MathiasSupreme Court of North Carolina · 1884

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