Bailey v. Ellis

Hon. Chief Justice English

delivered the opinion of the court.

Bailey and Carrington were partnership owners of some cotton; Carrington died, and Ellis administered on his estate. Rogers undertaking to act as the agent of Bailey, made a division of the cotton with Ellis, allotting to him six bales, as the partnership share of his intestate, which he took and converted. Bailey afterwards repudiated the authority of Rogers to act as his agent in making the division of the cotton, and as the surviving partner of the firm of Bailey & Carrington, brought replevin, in the cepit, against Ellis for the…