Golding v. Merchant & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. The complaint in this cause contained two counts, one for money had and received, and a special count on a due-bill or promissory note, of which the following is a copy : “ Mobile, Ala., Oct. 10th, 1865. Borrowed and received of Messrs. L. Merchant & Co., one thousand dollars, to be returned on demand. ¥m. Golding, per R. Jump, agent.”
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Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. The complaint in this cause contained two counts, one for money had and received, and a special count on a due-bill or promissory note, of which the following is a copy : “ Mobile, Ala., Oct. 10th, 1865. Borrowed and received of Messrs. L. Merchant & Co., one thousand dollars, to be returned on demand. ¥m. Golding, per R. Jump, agent.” On the trial, at the spring term, 1868, issue was joined on the plea of non est factum, and judgment was rendered in favor of the appellees for eleven hundred and seventy-six dollars…
1Opinion of the Court
'B. E. SAEEOLD, J.
-The charge of the court to the jury, that if the acts and conduct of the defendant, which were known to the plaintiff, were such as, from them, business men would ordinarily infer authority to the agent to borrow money and give a note therefor, in the name of the defendant, he would be liable for the act of the agent in so doing, was erroneous, because it would be to make the ordinary inference of business men a test or rule of agency, independent of the agreement of the parties. It would be far more difficult to unravel the intricacy of what acts and conduct would be…
2Cases cited4 opinions
- Schimmelpennich v. BayardSupreme Court of the United States · 1828
- McClung's Ex'rs v. SpotswoodSupreme Court of Alabama · 1851
- McDonnell v. Branch Bank at MontgomerySupreme Court of Alabama · 1852
- Moore v. JohnstonSupreme Court of Alabama · 1888
3Cited by9 opinions
- Goldfield v. Brewbaker Motors, Inc.Alabama Court of Appeals · 1951
- Patterson v. WilliamsSupreme Court of Alabama · 1921
- Barbour County v. HornSupreme Court of Alabama · 1872
- LaFayette Railway Co. v. TuckerSupreme Court of Alabama · 1899
- Mound City Mutual Life Insurance v. HuthSupreme Court of Alabama · 1873
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