Held v. Walker
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia on a verdict directed by tbe court in a case originally brought before a justice of tbe peace. The Court in the opinion stated tbe case as follows: This cause originated before a justice of tbe peace, by whom judgment was rendered in favor of tbe appellant, Henry Held, wbo was tbe plaintiff before bim.
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Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia on a verdict directed by tbe court in a case originally brought before a justice of tbe peace. The Court in the opinion stated tbe case as follows: This cause originated before a justice of tbe peace, by whom judgment was rendered in favor of tbe appellant, Henry Held, wbo was tbe plaintiff before bim. Upon appeal by tbe defendant, John T. Walker, to tbe supreme court of tbe District, and a new trial bad therein before the court with a jury, tbe court directed a verdict in favor of tbe…
1Opinion of the CourtJustice Morris
If this case had been tried by the court without a jury, as is often done in appeals from justices of the peace, we would have unhesitatingly affirmed the decision. Eor we think that there was enough testimony to justify a jury, or a court sitting to try an issue of fact without a jury, to find that the plaintiff had held out Taylor as his general agent, authorized to receive and collect money, as well as to solicit orders; and that the defendant paid such agent in good faith. But the question which is before us, and which was before the court below, is not whether the testimony preponderated…
2Cases cited2 opinions
- Hirshfield v. WaldronMichigan Supreme Court · 1884
- Luckie v. Johnston Bros.Supreme Court of Georgia · 1892