Herring Farrell v. . Hottendorf Hashagan
Supreme Court of North Carolina
Civil Action, tried before Henry, at December (Special) Term, 1875, of New Hanoveb Superior Court. The plaintiff, in 1873, through their agent, one Spiro, sold to the defendant an iron safe, for two hundred and thirty dollars, payable by note at four months after the execution thereof. The defendants signed and delivered to Spiro, a •written order for the safe.
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Civil Action, tried before Henry, at December (Special) Term, 1875, of New Hanoveb Superior Court. The plaintiff, in 1873, through their agent, one Spiro, sold to the defendant an iron safe, for two hundred and thirty dollars, payable by note at four months after the execution thereof. The defendants signed and delivered to Spiro, a •written order for the safe. On the 26th of April, 1873, the plaintiffs delivered the safe to the Lorriilard Steamship Company in New York for shipment to 'Wilmington, and the safe was shipped by said company on the steamer Francis Wright, and the defendants…
1Opinion of the CourtSettle, J.
The question for determination is this: Did Spiro, the agent of the plaintiffs, have authority to relean the debt duo from the defendants to the plaintiffs ?
The only evidence bearing upon this question is that of Rashagan, one of the defendants, who testifies that Spiro, through whom he purchased the safe, was frequently in Wilmington, acting as the agent of the plaintiffs, sell hug safes, exchanging safes, and collecting notes for thepiah i tiffs. That sometime in August, 1873, Spiro asked the witness for the note that had been sent by the plaintiffs to be signed, and on receiving the note…
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