Singer Manufacturing Co. v. McLean
Supreme Court of Alabama
Appeal from the Circuit Court of Bullock. Tried before the Hon. Jesse M. Carmichael. This suit was instituted on July 12,1893, by the Singer Manufacturing Company, a private corporation, organized under the laws of the State of New Jersey, against D. A. McLean and J. P. Harris, surety on McLean’s bond for the faithful performance by McLean of a contract executed by him and The Singer Manufacturing Company.
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Appeal from the Circuit Court of Bullock. Tried before the Hon. Jesse M. Carmichael. This suit was instituted on July 12,1893, by the Singer Manufacturing Company, a private corporation, organized under the laws of the State of New Jersey, against D. A. McLean and J. P. Harris, surety on McLean’s bond for the faithful performance by McLean of a contract executed by him and The Singer Manufacturing Company. The plaintiff claimed the sum of $1.19.27, for the breach of the conditions of the bond made by McLean and J. P. Harris, as one of his sureties, which bond was conditioned for the faithful…
1Opinion of the Court
BBICKELL, C J.
1. The acts or declarations of an agent, done or made while in the exercise and within the scope of the authority entrusted to him, affect and bind the principal. But acts or declarations not within the scope, or done or made while notin the exercise of the authority, as to the principal, are resinter alios acta, and inadmissible as evidence against him. As expressed by the only witness testifying in reference to the agency of Donald, his single duty was “to make an inventory or check up the business of McLean, and report to the Montgomery office.” He was without authority to…
2Cited by6 opinions
- Southern States Fire Ins. v. KronenbergSupreme Court of Alabama · 1917
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- A. G. Rhodes Furniture Co. v. WeedenSupreme Court of Alabama · 1895
- Teague, Barnett & Co. v. BassSupreme Court of Alabama · 1901
- Alexander v. SmithAlabama Court of Appeals · 1911
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