Hollenberg v. Lane
Supreme Court of Arkansas
APPEAL from Carroll Circuit Court. Hon. I. M. Pittman, Circuit Judge. The agent had no authority to receive anything as payment except face value of notes in cash with accrued interest, except by consent of appellant; no such consent was given; without such consent he had no authority. 7 Cranch, Holker et al. v. Parker, ¿¡33; 13 Ark., (8 English), 6‡‡; / Daniel on Neg. Ins.; Carter v. Talbot, 10 Vt., ¿ffi. Wharton was a special and not a general agent of appellant.
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APPEAL from Carroll Circuit Court. Hon. I. M. Pittman, Circuit Judge. The agent had no authority to receive anything as payment except face value of notes in cash with accrued interest, except by consent of appellant; no such consent was given; without such consent he had no authority. 7 Cranch, Holker et al. v. Parker, ¿¡33; 13 Ark., (8 English), 6‡‡; / Daniel on Neg. Ins.; Carter v. Talbot, 10 Vt., ¿ffi. Wharton was a special and not a general agent of appellant. Story Agency, sec. ij; 21 Wend., 2j8. Authority to collect on 'these particular notes is only given, and hence appellee or her…
1Opinion of the CourtCockrill, C. J.
Hollenberg delivered a piano to Mrs. Lane, the appellee, under a contract of sale upon the instalment plan, receiving a payment in cash from her, taking her promissory notes as evidence of the unpaid purchase price, and stipulating that the title should remain in him until all the notes were paid. • After the notes were all due, the greater part of them remaining unpaid, Hollenberg brought this action of replevin to recover the piano. Mrs. Lane’s defense was based upon an alleged compliance with her contract by payment of the notes. To sustain this defense she produced in evidence the…
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