Fleming v. Smouse

Lynch, Judge :

By writ of error, Smouse seeks reversal of a judgment against him upon a verdict in favor of plaintiff. The action is for the recovery of the value of merchandise sold to defendant’s employees and money advanced for his use and benefit, at the direction of hisa agent, Beard.

The defendant denies the agency. But the jury, by its verdict, found against him. Its finding in this respect is abundantly supported, both by direct proof and recognition by ratification of Beard’s acts. Defendant’s letters to plaintiff and conversations with Mm, and various payments by checks on accounts…