Clarke v. Edwards
Mississippi Supreme Court
Error to the circuit court of Lauderdale county. Hancock, J. The facts appear in the opinion of the court and, assignment of errors. The first error assigned is the overruling the motion for a new trial; we propose to consider the causes of the motion in their order.
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Error to the circuit court of Lauderdale county. Hancock, J. The facts appear in the opinion of the court and, assignment of errors. The first error assigned is the overruling the motion for a new trial; we propose to consider the causes of the motion in their order. I. The first instruction is in these words : “If the whisky was the property of the plaintiff, and Prewett had no authority to pledge it for the payment of his debt, or the debt of Prewett & Roberts, then the law is with the plaintiff.” Story on Agency, § 113, and note 5. If an agent exceed his authority, his principal may…
1Opinion of the Court
Takbell, J.:
In 1868 David Clarke instituted this suit against A. C. Edwards, in the circuit court of Lauderdale county. The declaration is in trover for a quantity of whisky. Plea, not guilty. Jury and .verdict for defendant, at the February term of that court, 1870. Judgment accordingly for costs against plaintiff, who moved fora new trial, on the following grounds :
1st. The court erred in refusing the first, fourth and sixth instructions asked by plaintiff.
2d. The court erred in giving the instructions asked by defendant.
3d. The jury found contrary to law as charged by the court and the…
2Cases cited2 opinions
- McCoy v. McKowenMississippi Supreme Court · 1853
- Doe ex dem. Skipwith v. RobinsonCourt of Appeals of Mississippi · 1852