Skinner v. Gunn
Supreme Court of Alabama
Error to the Circuit court of Tuscaloosa, Assumpsit on note, tried before Chapman, J, Plaintiff in error, by his agent, Isaac Hughes, sold to defendant a negro, for which the note sued on was given. Defendants plead the general issue, and failure of consideration.
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Error to the Circuit court of Tuscaloosa, Assumpsit on note, tried before Chapman, J, Plaintiff in error, by his agent, Isaac Hughes, sold to defendant a negro, for which the note sued on was given. Defendants plead the general issue, and failure of consideration. On the trial, plaintiff proved the note, and rested his case, Defendants then gave in evidence a power of attorney, from Skinner to the agent, and a bill of sale from the agent, warranting the soundness of the negro; and that the negro died shortly after the purchase. They also gave evidence conducing to prove that the negro was…
1Opinion of the CourtOrmond, J.
Two points are made in this case by the counsel for the plaintiff:
1. That the authority given by the plaintiff in error, to Isaac Hughes, did not authorise him to give a warranty of soundness of the slave, which he was empowered to sell.
2. That in fact no such warranty was made.
An authority to do an act, must include power to do every thing usual and necessary to its accomplishment. Thus, an agent employed to get a bill discounted, may endorse it in the name of his employer, and bind him by such endorsement. So, an agent employed to sell a horse, may warrant him to be sound, that being-…
2Cases cited2 opinions
- Rossiter v. RossiterNew York Supreme Court · 1832
- Martin v. DortchSupreme Court of Alabama · 1828
3Cited by8 opinions
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- Savannah & Memphis Rail Road v. LancasterSupreme Court of Alabama · 1878
- Cocke v. Campbell & SmithSupreme Court of Alabama · 1848
- Stringfellow v. MariottSupreme Court of Alabama · 1840
- Dawson v. CottonSupreme Court of Alabama · 1855
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