Collins & Douglas v. Cooper
Texas Supreme Court
Appeal from Houston. Tried below before the Hon. F. A. Williams. This was a suit on a promissory note for $800, executed to the appellee, L. W. Cooper, by James Collins, in the name of Collins & Douglas, a firm composed of E. M. Collins and M. C. Douglas, for money borrowed and used by Mm in a mercantile business, wMch he, as sole manager, was at the time conducting for that firm.
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Appeal from Houston. Tried below before the Hon. F. A. Williams. This was a suit on a promissory note for $800, executed to the appellee, L. W. Cooper, by James Collins, in the name of Collins & Douglas, a firm composed of E. M. Collins and M. C. Douglas, for money borrowed and used by Mm in a mercantile business, wMch he, as sole manager, was at the time conducting for that firm. The defendants answered, denying, under oath, the authority of James Collins to execute the note in question, and also his authority to borrow money in their name. There was a trial by jury, resulting :in a verdict…
1Opinion of the Court
Stayton, Associate Justice.
The agency conferred on James Collins in 1869, and continued until near the close of the year 1884, through which he conducted, as sole manager, a large mercantile business for the appellants, was given verbally and was of the most general character. The determination of the extent of authority conferred on an agent under such circumstances, and in such a manner, often becomes difficult; and in such a case it is not only proper, but becomes necessary, to consider the character of the business, the manner in which it is usual to carry on such a business, and, where…
2Cited by26 opinions
- Continental Oil Co. v. BaxterCourt of Appeals of Texas · 1933
- Holmes v. TynerCourt of Appeals of Texas · 1915
- Bankers' Trust Co. v. CalhounCourt of Appeals of Texas · 1919
- Tres Palacios Rice & Irrigation Co. v. EidmanCourt of Appeals of Texas · 1906
- Lane v. SullivanCourt of Appeals of Texas · 1926
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