McAlpin v. Cassidy
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. Thomas H. DuVal. Suit by the appellants, late merchants, partners, trading in the city of New Orleans, under the firm, name and style of R. M. McAlpin & Go., against the appellees, to recover the sum of $915 20, for goods and merchandize, furnished, sold, and delivered in August, 1853. Answer by defendants, that they had paid the amount sued for, to D. W. Field, whom they alleged to have been the agent and partner of…
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Appeal from Travis. Tried below before the Hon. Thomas H. DuVal. Suit by the appellants, late merchants, partners, trading in the city of New Orleans, under the firm, name and style of R. M. McAlpin & Go., against the appellees, to recover the sum of $915 20, for goods and merchandize, furnished, sold, and delivered in August, 1853. Answer by defendants, that they had paid the amount sued for, to D. W. Field, whom they alleged to have been the agent and partner of plaintiffs, and to B. F. Hill, whom they allege to have been the agent of the plaintiffs, to receive the same. The answer…
1Opinion of the CourtWheeler, J.
There were two principal questions contested at the trial; 1st, whether Hill was the agent of the plaintiffs - 2nd, whether, as agent, he had authority to receive payment of the debt of his principal in satisfaction of his own individual debts. The decision of the case turned mainly on the latter question; and the verdict and judgment affirm that he had *462such authority. There is no question that Field was the general agent of the plaintiffs. He appears to have had authority for soliciting, receiving and forwarding orders upon their house, collecting monies due them, and promoting generally the…
2Cited by34 opinions
- Fitzhugh v. Franco-Texas Land Co.Texas Supreme Court · 1891
- Bourland v. HuffhinesCourt of Appeals of Texas · 1924
- Holmes v. TynerCourt of Appeals of Texas · 1915
- National Surety Co. v. MiozranySupreme Court of Oklahoma · 1916
- Durkee v. CarrOregon Supreme Court · 1900
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