Gardner v. Allen's Ex'r
Supreme Court of Alabama
Writ of error to the County Court of Mobile. This was an action of assumpsit, at the suit of the defendant in error against the plaintiffs. The declaration contains a number of counts, among which were several seeking to charge the defendants for the proceeds of sixty-nine bales of cotton, which they had shipped to, and caused to be sold in Liverpool for the plaintiffs’ account and benefit; in addition to which, the common counts are added.
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Writ of error to the County Court of Mobile. This was an action of assumpsit, at the suit of the defendant in error against the plaintiffs. The declaration contains a number of counts, among which were several seeking to charge the defendants for the proceeds of sixty-nine bales of cotton, which they had shipped to, and caused to be sold in Liverpool for the plaintiffs’ account and benefit; in addition to which, the common counts are added. The cause was tried on the pleas of non as-sumpsit, payment and set off'. A verdict was returned for the plaintiffs for five hundred and ninety-eight…
1Opinion of the CourtCollier, C. J.
It has been often stated, as .an acknowledged principle, if a factor sells goods in his own name, the purchaser, without a knowledge of any other person being a party to the contract, in the absence of collusion, is entitled to regard the debt as due to the factor, so as in an actioh brought by the principal, to set-off a debt due from the factor to himself. [Paley’s Agency, 326 to 335.] Mr. Justice Story, in his treatise on ’ the Law of Agency, says, if the agent is the only known or supposed principal, the person dealing with him will be entitled to the same rights of set-off as if the…
2Cases cited1 opinion
- Mitchell v. Bristol & PowellNew York Supreme Court · 1833
3Cited by5 opinions
- Brooks v. Greil Bros.Supreme Court of Alabama · 1912
- Mount v. Baptist Hospital of Gadsden, Inc.Alabama Court of Appeals · 1966
- Winslow Bros. v. StatonSupreme Court of North Carolina · 1909
- Hudgins Produce Co. v. J. R. Beggs & Co.Court of Appeals of Texas · 1916
- Hudgins Produce Co. v. J. R. Beggs & Co.Court of Appeals of Texas · 1916