Henderson v. Marx
Supreme Court of Alabama
Appeal from Maren'go Circuit Court. Tried before Hon. Ltjtheb N. Smith. The appellant, Henderson, brought trespass de bonis asportavit against the appellees, Isaac Marx and Henry Mounier, for the conversion of a mule. The plaintiff had executed a mortgage on the mule to secure a debt which he owed Marx. This mortgage authorized Marx, on default of payment, to take possession of the mule and sell him.
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Appeal from Maren'go Circuit Court. Tried before Hon. Ltjtheb N. Smith. The appellant, Henderson, brought trespass de bonis asportavit against the appellees, Isaac Marx and Henry Mounier, for the conversion of a mule. The plaintiff had executed a mortgage on the mule to secure a debt which he owed Marx. This mortgage authorized Marx, on default of payment, to take possession of the mule and sell him. The-law-day having passed and the debt not having been paid in full, Marx employed Mounier to get possession of the mule for him. Mounier got possession of the mule peaceably, and, as he…
1Opinion of the CourtStone, J.
The Circuit Court did not err iu excluding-the evidence offered of declarations, or offer of settlement made by Jacob Marx, the clerk of appellee, Isaac Marx. The rule is, that “to render the admissions or declarations of an agent admissible as evidence against, or obligatory upon the principal, they must be explanatory of some cotemporaneous act within the scope of his authority, or made while in the execution of the agency, forming part of the res gestad.” — 1 Brick. Dig. 63, § 160.
In the present record there is no evidence that the alleged declaration of Jacob Marx accompanied, or tended…
2Cases cited2 opinions
- Gardner v. CampbellNew York Supreme Court · 1818
- Davis v. YoungSupreme Court of Alabama · 1852
3Cited by5 opinions
- Jones v. Americar, Inc.Supreme Court of Alabama · 1969
- Ryan v. YoungSupreme Court of Alabama · 1906
- Pollard v. PollardSupreme Court of Alabama · 1922
- Green v. StateSupreme Court of Alabama · 1892
- Bain v. StateSupreme Court of Alabama · 1881