Evans & Bright v. Henley & Carroll
Mississippi Supreme Court
Appeal from the circuit court of Monroe county. Hon. Look E. Houston, Judge. The agreed statement of facts in this case shows as follows: “Plaintiffs, Evans & Bright, recovered a judgment for three hundred and four dollars and eighty-four cents against Geo. L. Carroll, and had execution issued and levied on Geo. L. Carroll’s interest in a stock of fancy groceries in Aberdeen, in a store owned by Henley & Carroll.
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Appeal from the circuit court of Monroe county. Hon. Look E. Houston, Judge. The agreed statement of facts in this case shows as follows: “Plaintiffs, Evans & Bright, recovered a judgment for three hundred and four dollars and eighty-four cents against Geo. L. Carroll, and had execution issued and levied on Geo. L. Carroll’s interest in a stock of fancy groceries in Aberdeen, in a store owned by Henley & Carroll. The firm was composed of C. A. Henley and Mrs. B. Carroll, wife of the defendant, Geo. L. Carroll. The business was conducted in the name of Henley & Carroll, and Geo. L. Carroll,…
1Opinion of the CourtCooper, J.
Under the facts disclosed by the record, George E. Carroll was not a mere clerk of the firm of Henley & Carroll. By the articles of partnership, signed by Henley, Mrs. Carroll and himself, he was *153•appointed agent of his wife, and fully authorized to represent her in all matters having reference to the business. He was created vice-principal by the instrument, and we must assume that what he did in reference to the business was done under and by virtue of the agency conferred on him, and not as a mere clerk occupying a .subordinate position, and subject to the direction and control of Henley,…
2Cases cited3 opinions
- Gumbel v. KoonMississippi Supreme Court · 1881
- Hamblet v. SteenMississippi Supreme Court · 1888
- Wolf & Marks v. KahnMississippi Supreme Court · 1885