Harvey & Co. v. Doty
Supreme Court of South Carolina
Before Gage, J., Fairfield, September, 1898. Action by Wm. P. Harvey & Co. v. Wm. R. Doty. From judgment for defendant, plaintiffs appeal.
Read the full summary
Before Gage, J., Fairfield, September, 1898. Action by Wm. P. Harvey & Co. v. Wm. R. Doty. From judgment for defendant, plaintiffs appeal. Agents making contracts in their own name are liable as principals: 2 McC., 199, 394; 9 Rich., 258; 112 N. C, 131; S Rich., 375. If the agent carries out a valid contract under the statute, and the principal is shielded from paying him, it results in a fraud upon the agent, and will not be allowed 63 N. C., 542; 91 U. S., 92; 59 N. Y., 258; 8 How., 451; 104 Mass., 167; 68 N. C, 479; 21 Wall., 178. Under the law of agency, the principal is bound by the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
This action was once before in this Court, when the nonsuit granted defendant was reversed— 50 Y. C., 548. At September, 1898, term it was tried be*383fore Judge Gage and a jury. After a verdict for defendant and judgment thereupon, plaintiffs appealed to this Court on. the following grounds: “I. For that his Honor erred in charging the jury that where an agent makes contracts in good faith, in his own name, with other parties as principals to such contracts, for the sale of property for future delivery, and there is a bona fide intention…
2Cited by6 opinions
- Parker v. MooreCourt of Appeals for the Fourth Circuit · 1902
- Gwathney v. BurgissSupreme Court of South Carolina · 1914
- Parker v. MooreU.S. Circuit Court for the District of South Carolina · 1901
- McLure v. WilsonCourt of Appeals for the Fourth Circuit · 1923
- Baltimore Trust Co. v. StantonSupreme Court of South Carolina · 1928
1 more not listed; retrieve them via the Exa API.