Legal Opinion

Reid v. Humber

Supreme Court of Georgia

Decided March 15, 1873PublishedCited by 11 opinions

Principal and agent. Factors. This was an action on the case brought by Humber against Reid, alleging that Humber, in the year 1867, delivered to Reid, at Eatonton, as the agent of Sims & Company, factors and commission merchants in Savannah, a lot of cotton, to be consigned to said factors with instructions not to sell said cotton without further orders from Humber; that Reid took possession of said cotton, sent it to said factors, and negligently failed to communicate said…

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Principal and agent. Factors. This was an action on the case brought by Humber against Reid, alleging that Humber, in the year 1867, delivered to Reid, at Eatonton, as the agent of Sims & Company, factors and commission merchants in Savannah, a lot of cotton, to be consigned to said factors with instructions not to sell said cotton without further orders from Humber; that Reid took possession of said cotton, sent it to said factors, and negligently failed to communicate said order, whereby said cotton was sold at thirteen and one-half cents per pound, when, if said orders had been obeyed,…

1Opinion of the Court

Trippe, Judge.

It was conceded in the argument that, unless the rule be changed by the Code, an agent is not liable to a third person for damage resulting to him from the non-performance or neglect of a duty which the agent owes to his principal. To this point the authorities are numerous: Story on Ag., secs. 308, 309, 310; Sh. and R. on Negligence, sec. Ill; 1 Hilliard on Torts, 123. This was admitted by counsel in the argument, but it was claimed that, by sections 2213 and 2951, new Code, the law is changed. In the first of those sections it is declared, that an agent is responsible “ for…

2Cited by11 opinions

  1. Meyerson v. New Idea Hosiery Co.Supreme Court of Alabama · 1927
  2. Knight v. Atlantic Coast Line R. Co.Court of Appeals for the Fifth Circuit · 1934
  3. Labadie v. Hawley.Texas Supreme Court · 1884
  4. Ramey v. PritchettCourt of Appeals of Georgia · 1954
  5. Atlantic Coast Line Railroad v. KnightCourt of Appeals of Georgia · 1933

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