Turner v. Turner
Supreme Court of Georgia
Complaint. Before Judge Henry. Floyd superior court. September 9, 1904. The action was by Sallie F. Turner against J. D. Turner and Susie B. Turner. The petition alleged, in substance: J. W. Turner died intestate, leaving as bis heirs at law his widow and four children, one of whom was J. D. Turner.
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Complaint. Before Judge Henry. Floyd superior court. September 9, 1904. The action was by Sallie F. Turner against J. D. Turner and Susie B. Turner. The petition alleged, in substance: J. W. Turner died intestate, leaving as bis heirs at law his widow and four children, one of whom was J. D. Turner. The widow and the children procured a loan of $1,200 from the plaintiff, to be used with other money in discharging a mortgage of the intestate on certain realty ; the mortgage was transferred to the widow, and she assigned it to the plaintiff as security for the payment of this loan. It was…
1Opinion of the Court
Cobb, J. 1 — 4.
It is an ancient and well-established rule of law, that the declarations of an agent are not admissible against his principal, unless they were made at a time when the agent was engaged in some transaction within the scope of his agency and was acting in behalf of his principal. To state it otherwise, the declaration must be one accompanying an act within the scope of the agency and so nearly connected therewith as to become a part of the res gestse. Story on Ag. (9th ed.), § 134 et seq.; 1 Gr. Ev. (16th ed.) § 184 c; 2 Evans’ Pothier on Obligations (3d Am. ed.), 245;…
2Cases cited10 opinions
- Forsyth Manufacturing Co. v. CastlenSupreme Court of Georgia · 1900
- Mitchell v. Georgia & Alabama RailwaySupreme Court of Georgia · 1900
- Freeman v. BrewsterSupreme Court of Georgia · 1894
- Stone v. MinterSupreme Court of Georgia · 1900
- Massee-Felton Lumber Co. v. SirmansSupreme Court of Georgia · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Callahan v. Chicago, Burlington & Quincy R.Montana Supreme Court · 1913
- Folly Farms I, Inc. v. Trustees of the Clients' Security Trust Fund of the BarCourt of Appeals of Maryland · 1978
- United States v. Vehicular Parking, Ltd.District Court, D. Delaware · 1943
- Hansen v. JanitschekNew Jersey Superior Court Appellate Division · 1959
- Peters v. AdcockSupreme Court of Georgia · 1943
3 more not listed; retrieve them via the Exa API.