Wales-Riggs Plantations v. Grooms
Supreme Court of Arkansas
Appeal from Greene Circuit Court; R. H. Dudley, Judge; Kepley was not the agent of appellant, had no authority to go after the mule, nor borrow money to pay expenses. Appellant is not liablé. 105 Ark. Ill; lb. 446; 53 Id. 208; 92 Id. 315; 111 Id. 345; 113 Id. 190; L. R. A. 1915 A, 686; 126 Ark. 405. : The instructions are correct. The evidence is legally sufficient.
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Appeal from Greene Circuit Court; R. H. Dudley, Judge; Kepley was not the agent of appellant, had no authority to go after the mule, nor borrow money to pay expenses. Appellant is not liablé. 105 Ark. Ill; lb. 446; 53 Id. 208; 92 Id. 315; 111 Id. 345; 113 Id. 190; L. R. A. 1915 A, 686; 126 Ark. 405. : The instructions are correct. The evidence is legally sufficient. Kepley was acting within the scope of his agency. 82 Ark. 503; Mechem on Agency (1 ed.), § 167, p. 109; 124 Ark. 360; 117 Id. 176 ; 111 Id. 229. STATEMENT OE EACTS. This appeal is from a judgment in favor of the appellee for…
1Opinion of the Court
WOOD, J.,
(after stating the facts). The court erred in not granting appellant’s prayer for an instruction directing a verdict in its favor. The testimony did not raise an issue of fact to be determined by the jury, for it does not tend to prove that the act of Kepley in borrowing money from the appellee was in the scope of his authority as an employee of the appellant.
Even giving the testimony its strongest probative force in favor of the appellee, it does not tend to prove that Kepley was the agent of the'appellant, clothed with authority, express, implied or apparent, to borrow money from…
2Cases cited2 opinions
- Daly v. Arkadelphia Milling Co.Supreme Court of Arkansas · 1916
- Wales-Riggs Plantations v. DyeSupreme Court of Arkansas · 1912
3Cited by5 opinions
- Pierce v. FiorettiSupreme Court of Arkansas · 1919
- Moore v. Ziba Bennitt & Co.Supreme Court of Arkansas · 1921
- Oliver Construction Co. v. ErbacherSupreme Court of Arkansas · 1921
- International Harvester Co. of America v. McLaughlinSupreme Court of Arkansas · 1931
- United Order of Good Samaritans v. CampbellSupreme Court of Arkansas · 1930