Claflin & Co. v. Continental Jersey Works
Supreme Court of Georgia
Principal and agent. Evidence. Contracts. Vendor and purchaser. Fraud. Bescission. Payment. Mingling goods. Equity. Practice. Before Judge Falligant. Chatham superior court.
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Principal and agent. Evidence. Contracts. Vendor and purchaser. Fraud. Bescission. Payment. Mingling goods. Equity. Practice. Before Judge Falligant. Chatham superior court. June term, 1889. The Continental Jersey Works and others, in behalf of themselves and all other creditors of David Weisbein as might be made parties complainant, filed their bill on January 4, 1888, against David Weisbein, Joseph Lichtenstein, H. B. Claflin Company and E. S. Jaffray & Company, alleging as follows: Weisbein is a merchant trading in Savannah, and is indebted to orators certain large amounts for goods sold…
1Opinion of the Court
Simmons, Justice.
1. The errors assigned in the 5th to 18th (inclusive) grounds of the motion for a new trial go to the refusal of the court to give in charge to the jury certain principles of the law of agency which bear upon the question of the extent of Lichtenstein’s authority. The requests may embody sound law; but it is immaterial whether they do or not. Where an agent’s authority is conferred and defined in writing, the scope or extent of such authority is a question for determination by the court. Mechem on Agency, §104; 1 Thompson on Trials, §1370; Berwick v. Horsfall, 29 L. J. C. P.…
2Cases cited40 opinions
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