Empire Finance Co. v. Elliott

Admitting that the record shows no evidence of general agency and that there is no evidence of any course of dealing, neither of which were claimed by plaintiff, and that it was incumbent upon the plaintiff to show that Charles Biteman was the agent of the Finance Co. in signing and filing the affidavit and that he had express authority to do so, it is not claimed that such agency must be proven by direct evidence, and it is conceded it may be proven by circumstantial evidence; in other words, that such agency may be inferred from the acts and conduct of the parties.

The admitted facts and…