Sweetser v. Shorter
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hón. J. W. Foster. This was an action for money had and received, brought by the appellant, J. H. Sweetser, against the appellee, Eli S. Shorter. The cause was tried upon the plea of the general issue.
Read the full summary
Appeal from the Circuit Court of Barbour. Tried before the Hón. J. W. Foster. This was an action for money had and received, brought by the appellant, J. H. Sweetser, against the appellee, Eli S. Shorter. The cause was tried upon the plea of the general issue. It was shown by the evidence that Pi B. McKenzie had charge of, and acted as the general agent of the plaintiff, Sweetser, in the management of, a certain plantation in Barbour county, Alabama; that McKenzie had been so in charge of and managing shid plantation for Sweetser for several years, and that as such agent he made contracts…
1Opinion of the CourtTyson, J.
The general rule is that one who deals with an agent is bound to inquire and ascertain the nature and extent of his authority, but in the application of this principle a clear distinction is recognized by the decisions of this court between a special agency, which must be strictly pursued, and a general agency which confers authority on the agent to transact the business in the usual and customary mode, and is measured by the scope and character of the business intrusted to the agent. A general agent may exceed his authority and yet the principal may be bound by the acts and contracts of the…
2Cases cited6 opinions
- Wheeler v. McGuire, Scoggins & Co.Supreme Court of Alabama · 1888
- Gibson v. Snow Hardware Co.Supreme Court of Alabama · 1891
- Montgomery Furniture Co. v. HardawaySupreme Court of Alabama · 1893
- Louisville Coffin Co. v. StokesSupreme Court of Alabama · 1884
- Tennessee River Transportation Co. v. Kavanaugh Bros.Supreme Court of Alabama · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Wooten v. Federal Discount Co.Alabama Court of Appeals · 1913
- Middleton v. General Water Works & Electric Corp.Supreme Court of Alabama · 1931
- Bass v. Green & YatesSupreme Court of Alabama · 1918
- Insurance Co. of North America v. ThorntonSupreme Court of Alabama · 1900