Legal Opinion

Bailey v. Pardridge

Illinois Supreme Court

Decided June 12, 1890PublishedCited by 13 opinions

Writ of Error to the Appellate Court for the First District ;—heard in that court on writ of error to the. Superior Court of Cook county; the Hon. John P. Altgeld, Judge, presiding. This was an action of assumpsit, brought by J. J. Bailey & Co., merchants doing business in Philadelphia, against the defendants, merchants doing business in Chicago, to recover payment for certain goods which had been sold by one Holmes, .a traveling salesman of plaintiffs, to the defendants.

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Writ of Error to the Appellate Court for the First District ;—heard in that court on writ of error to the. Superior Court of Cook county; the Hon. John P. Altgeld, Judge, presiding. This was an action of assumpsit, brought by J. J. Bailey & Co., merchants doing business in Philadelphia, against the defendants, merchants doing business in Chicago, to recover payment for certain goods which had been sold by one Holmes, .a traveling salesman of plaintiffs, to the defendants. It appears from the evidence, that in the month of August, 1883, Holmes called at the store of the defendants, and offered…

1Opinion of the CourtJustice Craig

The question presented by this record is one not entirely free from difficulty. As to the main features of the ease there is no substantial controversy in regard to the facts. Holmes had possession of the samples, and claimed authority to sell and receive the pay therefor. The defendants purchased the samples, paid Holmes for.them by check, payable to Joel J. Bailey & Co. or bearer, and he delivered the goods. So far as appears, defendants acted in perfect good faith, relying upon the representations of Holmes.

We think it may be stated as a general rule of law, that an agent who has the…

2Cases cited3 opinions

  1. Rice v. GroffmannSupreme Court of Missouri · 1874
  2. Clark v. SmithIllinois Supreme Court · 1878
  3. Kohn Bros. v. Washer & AugustTexas Supreme Court · 1885

3Cited by13 opinions

  1. Karetzkis v. Cosmopolitan National BankAppellate Court of Illinois · 1962
  2. Brown v. AitkenSupreme Court of Vermont · 1916
  3. Zazzaro v. Universal Motors, Inc.Supreme Court of Connecticut · 1938
  4. Consolidated Freightways v. Industrial CommissionIllinois Supreme Court · 1971
  5. Shinn v. Guyton & Harrington Mule Co.Missouri Court of Appeals · 1904

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