Anderson v. Timberlake
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. H. C. Speaks. This is an action on the common. counts brought by the appellee, P. B. Timberlake, against the appellant, John H. Anderson. The suit was commenced by attachment.
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Appeal from the Circuit Court of Jackson. Tried before the Hon. H. C. Speaks. This is an action on the common. counts brought by the appellee, P. B. Timberlake, against the appellant, John H. Anderson. The suit was commenced by attachment. There is no dispute that the defendant was, in fact, a mere agent on a salary for the North Alabama Lumber & Manufacturing Company during the time the indebtedness was contracted ; that as such agent he was running a saw-mill known as “ Crow Creek Mill,” and said indebtedness was contracted in the running of said mill. The' plaintiff insists that the…
1Opinion of the Court
BRICKELL, C. J. —
The legal presumption is, when a known agent deals or contracts within the scope of his authority, that credit is extended to the principal and not to the agent; and that the dealing is the act, or the contract is the engagement,-of the principal alone, as if he were personally present and acting or contracting. This presumption prevails in the absence of evidence that credit was given to the agent exclusively, and the burden of proof rests upon the party seeking to charge him personally. If the contract or promise is in writing, its construction and effect are, ordinarily,…
2Cases cited11 opinions
- Whitney v. WymanSupreme Court of the United States · 1880
- Humes v. Decatur Land Im. & Furnace Co.Supreme Court of Alabama · 1893
- Youngblood v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1891
- Rigby v. NorwoodSupreme Court of Alabama · 1859
- Powell's Adm'r v. HenrySupreme Court of Alabama · 1855
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Denson v. Kirkpatrick Drilling Co.Supreme Court of Alabama · 1932
- Bankers Trust & Audit Co. v. Farmers & Merchants BankSupreme Court of Georgia · 1926
- Tuscaloosa Lumber Co. v. Tropical Paint & Oil Co.Supreme Court of Alabama · 1924
- Maddox v. JonesDistrict Court, N.D. Alabama · 1941
- Kane v. EastmanCalifornia Court of Appeal · 1931
11 more not listed; retrieve them via the Exa API.