Legal Opinion

McDowell v. McKenzie

Supreme Court of Georgia

Decided September 15, 1880PublishedCited by 10 opinions

Principal and agent. Before Judge HOOD. Clay Superior Court. March Term, 1880. McKenzie sued McDowell on an account for goods purchased by his agent. On the trial, the jury found for plaintiff, and defendant excepted. The facts are stated in the decision.

1Opinion of the Court

Jackson, Chief Justice.

This case turns on a single question: Can a merchant in Georgia, whose agent buys goods in New York, though on credit, and the credit unauthorized by the Georgia merchant, legally refuse to pay for the goods, when they have gone into his possession, been sold for him and he has pocketed the proceeds, especially when he had paid other bills bought on a credit by the same agent? To propound the question plainly is to answer it in law, as well as in good sense and common honesty.

Judgment affirmed.

2Cited by10 opinions

  1. Warner v. HillSupreme Court of Georgia · 1922
  2. Pacific Biscuit Co. v. DuggerOregon Supreme Court · 1902
  3. Armour Fertilizer Works v. MaddoxSupreme Court of Georgia · 1929
  4. Groover v. Savannah Bank & Trust Co.Court of Appeals of Georgia · 1939
  5. Witcher v. GibsonColorado Court of Appeals · 1900

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