Rumbough v. Southern Improvement Co.
Supreme Court of North Carolina
Civil, ACTION, beard before Hoke, J., and a jury at Spring Term, 1892, of MadisoN Superior Court. The same case upon a former appeal is reported in 109 N. C., 703, and the facts pertinent to this appeal sufficiently appear in'the opinion of Associate Justice Bukwbll.
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Civil, ACTION, beard before Hoke, J., and a jury at Spring Term, 1892, of MadisoN Superior Court. The same case upon a former appeal is reported in 109 N. C., 703, and the facts pertinent to this appeal sufficiently appear in'the opinion of Associate Justice Bukwbll. One of the issues submitted to the jury by the Court was as follows: Was W. E. Watkins authorized to draw and accept said bill of exchange for the defendant company? There was verdict for the plaintiff, and from the .judgment thereon defendant appealed.
1Opinion of the Court
Bukweul, J.:
The plaintiff's action is founded upon a draft drawn in his favor by W. E. Watkins for the sum of $950 and accepted by said Watkins in the name of the defendant corporation. It was necessary to the establishment of his claim that plaintiff should prove that Watkins had authority to bind the defendant in this manner. In his effort to do this he was allowed on the trial, notwithstanding the objection of defendant, to introduce the declarations of the president and general manager of defendant company, made after the alleged acceptance, to the effect that Watkins had authority so to…
2Cases cited1 opinion
- Smith v. N. C. RailroadSupreme Court of North Carolina · 1873
3Cited by23 opinions
- Hubbard v. Southern Railway Co.Supreme Court of North Carolina · 1932
- Miles F. Bixler Co. v. BrittonSupreme Court of North Carolina · 1926
- Morgan v. Royal Benefit Society & Royal Fraternal Ass'nSupreme Court of North Carolina · 1914
- Norfolk Southern Railroad v. SmithermanSupreme Court of North Carolina · 1919
- Lytton v. Marion Manufacturing Co.Supreme Court of North Carolina · 1911
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