Garrard v. Moody
Supreme Court of Georgia
Warehouseman. Bailment. Principal and agent. Before Judge Johnson. Muscogee Superior Court. May Term, 1872. William U. Garrard, as executor of W. W. Garrard, deceased, brought complaint against Charles D. Moody, on a *due bill for $100 00, dated August 15th, 1865. The defendant pleaded as follows: 1st. The general issue. 2d.
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Warehouseman. Bailment. Principal and agent. Before Judge Johnson. Muscogee Superior Court. May Term, 1872. William U. Garrard, as executor of W. W. Garrard, deceased, brought complaint against Charles D. Moody, on a *due bill for $100 00, dated August 15th, 1865. The defendant pleaded as follows: 1st. The general issue. 2d. That the due bill was merely given by him as a memorandum of an amount of money advanced to him by said W. U. Garrard to pay his (defendant’s) expenses in going to Mobile on business for said Garrard, and that the amount set forth in said receipt was actually expended in…
1Opinion of the Court
Trippe, Judge.
It is a principle running through the whole doctrine of agency, that where an agent does not disclose the fact of his agency, he is liable, personally, on his contracts. If the party with whom he deals discovers that he is but an agent, such party may hold, the principal responsible: 15 East., 67; 9 B. & C., 78. He may *76hold either the agent or the principal accountable, but if he elects to go on the principal, he is bound by that election: Chitty on Contracts, 206. But the simple fact that the agent refuses to pay, and the creditor requests his. *attorney to forward the account…
2Cited by3 opinions
- Murphy v. HutchinsonMississippi Supreme Court · 1908
- Babb v. KershCourt of Appeals of Georgia · 1955
- Cowart & Dancer v. BushCourt of Appeals of Georgia · 1927