Powell's Adm'r v. Henry
Supreme Court of Alabama
Appeal from the Circuit Court of Baldwin. Tried before the Hon. 0. W. Rapier. This action was brought by George G. Henry against the administrator of William T. Powell, deceased, in October, 1853, to recover the amount of a judgment rendered in said court on the 13th April, 1840, in favor of the plaintiff and against said Powell, for §483 61, together with the costs of suit and interest. The defendant pleaded “ the general issue,” and payment.
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Appeal from the Circuit Court of Baldwin. Tried before the Hon. 0. W. Rapier. This action was brought by George G. Henry against the administrator of William T. Powell, deceased, in October, 1853, to recover the amount of a judgment rendered in said court on the 13th April, 1840, in favor of the plaintiff and against said Powell, for §483 61, together with the costs of suit and interest. The defendant pleaded “ the general issue,” and payment. On the trial, after the plaintiff had introduced the record of his judgment,’ the defendant read in evidence the deposition of one 'William H. Lee, and…
1Opinion of the Court
G-OLDTHWAITE, J.-
The first charge requested on- the part of the appellant was properly refused. The rule is, that an unauthorized act of the agent may be ratified by the principal, and the jury were so instructed; but the language of the charge as asked goes beyond this, and either asserts that the mere delivery of an account to an agent, for the purpose of settling it one way, confers authority to settle it in any other mode, or that the principal is .bound, unless he repudiates the acts of the agent done without authority. In either aspect, the proposition is not to be maintained.
The second…
2Cases cited1 opinion
- Russell v. HesterSupreme Court of Alabama · 1846
3Cited by19 opinions
- Comer & Co. v. Way & EdmundsonSupreme Court of Alabama · 1894
- Burks v. HubbardSupreme Court of Alabama · 1881
- Ladd v. HildebrantWisconsin Supreme Court · 1870
- Anderson v. TimberlakeSupreme Court of Alabama · 1896
- Tuscaloosa Lumber Co. v. Tropical Paint & Oil Co.Supreme Court of Alabama · 1924
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