Burks v. Hubbard
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Tried before Hon. John P. Hubbard. This action was brought by Samuel D. Hubbard, Jr., against "W. B. Burks, George P. Burks and S. J. Rushton, and was •commenced on the 26th of February, 1879. The complaint contained three counts, the first of which was in trover for the alleged conversion by the defendants of eighteen bales of cotton; •the other two counts were in case, the averments of which it is unnecessary to set out, as the cause…
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Appeal from Montgomery Circuit Court. Tried before Hon. John P. Hubbard. This action was brought by Samuel D. Hubbard, Jr., against "W. B. Burks, George P. Burks and S. J. Rushton, and was •commenced on the 26th of February, 1879. The complaint contained three counts, the first of which was in trover for the alleged conversion by the defendants of eighteen bales of cotton; •the other two counts were in case, the averments of which it is unnecessary to set out, as the cause was tried on the first count. The plaintiff claimed title to the property alleged to have been •converted, under a…
1Opinion of the CourtSomenyille, J.
It is a principle well settled, in the law •of agency, that an authority given an agent to sell does not carry with it an authority to sell on credit, but for cash only, unless such be the usage of trade. — 1 Parsons on Cont. 50; Falls v. Gaither, 9 Port. 605. Nor can a special agent, entrusted with the possession of property, who is authorized to sell it, do so by disposing of it in payment of his own debt. A valid exercise of his authority requires that the transaction should be one for the benefit of the principal and not of the agent — a sale proper, and not a mere barter. — Benjamin on…
2Cases cited7 opinions
- Ewing v. BlountSupreme Court of Alabama · 1852
- Loeb & Brother v. Flash Bros.Supreme Court of Alabama · 1880
- Jenkins v. McConicoSupreme Court of Alabama · 1855
- Powell's Adm'r v. HenrySupreme Court of Alabama · 1855
- Williams v. CrumSupreme Court of Alabama · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Southern States Fire Ins. v. KronenbergSupreme Court of Alabama · 1917
- East Tenn., Va. & Ga. Railroad v. WatsonSupreme Court of Alabama · 1890
- Winders v. Hill.Supreme Court of North Carolina · 1906
- Birmingham Mineral Railroad v. Tennessee Coal, Iron RailroadSupreme Court of Alabama · 1899
- Epes' Administrator v. HardawaySupreme Court of Virginia · 1923
23 more not listed; retrieve them via the Exa API.