Simon & Son v. Johnson
Supreme Court of Alabama
Appeal from the Circuit Court of Geneva. Tried before the Hon. J. M. Carmichael. This was an action of assumpsit, counting on the common counts, brought by the appellants, J. Simon & Son, against J. J. Johnson. The plaintiffs introduced in evidence a verified account for goods sold by them to defendant.
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Appeal from the Circuit Court of Geneva. Tried before the Hon. J. M. Carmichael. This was an action of assumpsit, counting on the common counts, brought by the appellants, J. Simon & Son, against J. J. Johnson. The plaintiffs introduced in evidence a verified account for goods sold by them to defendant. The defendant testified in his own behalf that he bought the goods specified in the verified statement of plaintiffs’ account from one J. B. Carlisle, who was a drummer for plaintiffs ; that he arranged witn said Carlisle to discount said bill at 8 per cent, upon receipt of invoice, and it had…
1Opinion of the CourtMcCLELLAN, J.
The decided weight of authority, indeed well nigh all the adjudged cases, support the proposition that a travelling salesman of merchandise, making sales by sample on a credit or for cash to be paid on receipt of the goods or the invoice of them, has no implied authority to collect the money agreed to be paid from the purchaser. — 2 Am. &Eng.Encyc. of Law, p. 355 and notes; Kane & Co. v. Barstow, 42 Kan. 465, s. c. 16 Amer. St. Rep. 490, and note 494; McKindly v. Dunham, 55 Wis. 515, s. c. 42 Am. Rep. 740; Kohn v. Washer, 64 Tex. 131, s. c. 53 Am Rep. 745; Butler v. Dorman, 68 Mo. 298, s. c.…
2Cases cited11 opinions
- Higgins v. . MooreNew York Court of Appeals · 1866
- McKindly v. DunhamWisconsin Supreme Court · 1882
- Clark v. SmithIllinois Supreme Court · 1878
- Butler v. DormanSupreme Court of Missouri · 1878
- Greenleaf v. EganSupreme Court of Minnesota · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Halle v. BrooksSupreme Court of Alabama · 1923
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Gould v. Cates Chair Co.Supreme Court of Alabama · 1906
- Lakeside Press & Photo-Engraving Co. v. CampbellSupreme Court of Florida · 1897
- W. T. Rawleigh Co. v. PhillipsSupreme Court of Alabama · 1936
7 more not listed; retrieve them via the Exa API.