Gilliland v. Dunn & Co.
Supreme Court of Alabama
Appeal from Chambers Circuit Court. Tried before Hon. N. D. Henson. Action fry appellees against appellant on a promissory note. The "court, at plaintiff’s request, charged the jury that “Authority to an agent to collect a debt does not give him authority to promise to do* an unlawful thing.'” Other facts are shown by the opinion. From a judgment for the plaintiffs defendant appeals.
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Appeal from Chambers Circuit Court. Tried before Hon. N. D. Henson. Action fry appellees against appellant on a promissory note. The "court, at plaintiff’s request, charged the jury that “Authority to an agent to collect a debt does not give him authority to promise to do* an unlawful thing.'” Other facts are shown by the opinion. From a judgment for the plaintiffs defendant appeals. A principal who seeks to avail himself of a contract made by another for.him is bound by the representations made and the methods employed by the agent to effect such contract. 'Williamson v. Tyson, 105 Ala. 644;…
1Opinion of the CourtSharpe, J.
'One, of the issues in this cause being whether the notes sued had been- altered after their execution, and one of defendants having testified there had been such alteration, the plaintiff had the right to have him state on cross-examination, whether on a former trial of the same cause he gave like testimony. His omission on the first trial to assert a matter so vitally *329affecting his liability was a tact relevant to the credibility of this witness, since from his silence at that time there is possible inference that np to the time of that trial at least, there had been no such alteration. The…
2Cases cited4 opinions
- Williamson v. TysonSupreme Court of Alabama · 1894
- Drake v. Johnston & SeatsSupreme Court of Alabama · 1873
- Ritch v. ThorntonSupreme Court of Alabama · 1880
- McKenzie v. McCollSupreme Court of Alabama · 1842
3Cited by19 opinions
- Roberts v. WilliamsSupreme Court of Alabama · 1916
- Gills v. StateAlabama Court of Appeals · 1950
- Capital Security Co. v. OwenSupreme Court of Alabama · 1916
- United Order of Golden Cross v. HooserSupreme Court of Alabama · 1909
- Central of Ga. Ry. Co. v. Chicago Varnish Co.Supreme Court of Alabama · 1910
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