Woodhouse v. Crescent Mutual Insurance
Supreme Court of Louisiana
APPEAL from the Fifth District Court for the Parish of Orleans; Moyers, J. 1. The power to sell must be express and special.
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APPEAL from the Fifth District Court for the Parish of Orleans; Moyers, J. 1. The power to sell must be express and special. C. C. 2*297. 2. There was no negligence on the part Of plaintiff in leaving the certificate of stock with Allen, ‘ Bank of Ireland vs. Evans, 32 English Law- and Equity Report,-28; Loring vs. . Salsbury Mills, 125 Mass. 138. 3. There is no circumstance in the record that amounts to an, implied authority to sell, even if Such authority were valid. 4. To protect a person dealing with one who claims to act as agent of another, it must be shown that the alleged principal…
1Opinion
On Rehearing.
The opinion of the Court was delivered by
Fenner, J.
Under stress of well established principles and authorities we feel constrained to reconsider our original opinion and decree herein.
The statement of facts presented in the original opinion is substantially correct, and we refer to the same.
The plaintiff sues the defendant for the value of thirty shares of stock owned by her, which she alleges the Company unlawfully transferred to a third person without her authority.
The Company affirms the transfer and defends the action on the ground that the transfer was lawful and authorized.
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2Cases cited3 opinions
- Loring v. Salisbury MillsMassachusetts Supreme Judicial Court · 1878
- Albert v. Savings BankHigh Court of Chancery of Maryland · 1849
- Cuny v. RobertSupreme Court of Louisiana · 1840