Legal Opinion

Stewart v. Woodward

Supreme Court of Vermont

Decided August 15, 1877PublishedCited by 9 opinions

Book Account. The auditor reported substantially as follows : The account upon which the plaintiff seeks to recover, is for a suit of clothes, and various articles of clothing. The defendant did not deny the receipt of any of the articles charged, except a vest and a box of cuffs, and those items I disallowed for want of proof.

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Book Account. The auditor reported substantially as follows : The account upon which the plaintiff seeks to recover, is for a suit of clothes, and various articles of clothing. The defendant did not deny the receipt of any of the articles charged, except a vest and a box of cuffs, and those items I disallowed for want of proof. The plaintiffs, I find, are entitled to recover for the remainder of the account, unless the court should be of opinion, upon the following statement of facts that the defendant is not liable. In January, 1874, the plaintiffs, who reside in Concord, N. H., and are…

1Opinion of the Court

The opinion of the court was delivered by

Powers, J.

The report of the auditor states that Currier was the general agent of the plaintiffs in the conduct of their business at Montpelier. His authority there empowered him to do all things usual and useful to conduct the business of merchant-tailors. A general agency is, however, a restricted service. The agent cannot go outside the proper scope of his principal’s business. So far as the business of his principal is concerned, he may do all that his principal could do. He cannot steal his principal’s goods, nor appropriate them to his own use. He…

2Cases cited1 opinion

  1. La Point v. ScottSupreme Court of Vermont · 1864

3Cited by9 opinions

  1. Sioux City Foundry & Manufacturing Co. v. MertenSupreme Court of Iowa · 1916
  2. Runyon v. SnellIndiana Supreme Court · 1888
  3. Baldwin v. TuckerCourt of Appeals of Kentucky · 1901
  4. People v. RayCalifornia Court of Appeal · 1928
  5. Kircher v. ConradMontana Supreme Court · 1890

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