Gullett v. Lewis
Supreme Court of Alabama
G. M. Gullett, as bearer, brought an action against J). H. Lewis, in Montgomery Circuit Court, to recover the amount, of a promissory note made by him, payable to ono ■McBrydeor bearer, for $150. At September term 1828, the jury found a verdict for the defendant under the instruction given by the Court on the facts proved, which were as follows: The plain tiff rested his case on the production of the note.
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G. M. Gullett, as bearer, brought an action against J). H. Lewis, in Montgomery Circuit Court, to recover the amount, of a promissory note made by him, payable to ono ■McBrydeor bearer, for $150. At September term 1828, the jury found a verdict for the defendant under the instruction given by the Court on the facts proved, which were as follows: The plain tiff rested his case on the production of the note. The defendant then produced a witness, who deposed, that before the commencement of the action the note sued on was given to him as an attorney for collection, and that be was likewise the…
1Opinion of the Court
By JUDGE TAYLOR.
It is a principle of law that will not be controverted, that an agent has no powers, buf *27such as are granted to him by the principál, and that when he transcends the limits which have been prescribed him, his principal is not bound by his acts; and it is the duty of all persons transacting business with an agent, to know how far his authority extends. An attorney at is the special agent of his client, whose duties, usually are confined to the vigilant prosecution or defence of the suitors rights. By virtue of his engagement as an attorney, he is not authorized to compromise…
2Cited by15 opinions
- Robinson v. MurphySupreme Court of Alabama · 1881
- Berk v. State Ex Rel. ThompsonSupreme Court of Alabama · 1932
- Wiley v. MahoodWest Virginia Supreme Court · 1877
- Senn v. JosephSupreme Court of Alabama · 1894
- National Bread Co. v. BirdSupreme Court of Alabama · 1933
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