Abernathy v. Wheeler, Mills & Co.
Court of Appeals of Kentucky
Case 62 — PETITION ORDINARY APPEAL PROM CHRISTIAN COURT OP COMMON PLEAS. 1. A bailee can not dispute the title of his bailor, and is estopped to set up title in another. (Stephens v. Vaughn, 4 J. J. M., 207; Redfield on Carriers and other Bailments, p. 561, sec. 712; Newcomb-Buchannan Co. v. Baskett, 14 Bush, 663; Cooley on Torts, 450-6.) 2. An agent is not personally liable when acting in good faith within the apparent scope of his authority.
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Case 62 — PETITION ORDINARY APPEAL PROM CHRISTIAN COURT OP COMMON PLEAS. 1. A bailee can not dispute the title of his bailor, and is estopped to set up title in another. (Stephens v. Vaughn, 4 J. J. M., 207; Redfield on Carriers and other Bailments, p. 561, sec. 712; Newcomb-Buchannan Co. v. Baskett, 14 Bush, 663; Cooley on Torts, 450-6.) 2. An agent is not personally liable when acting in good faith within the apparent scope of his authority. (1 Parsons on Contracts, 66; Parsons on Mercantile Law, 147; Smout v. Ilbery, 10 M. & W., 7.) A commission merchant receiving produce for sale must…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion oe the court.
C. S. Anderson agreed to do farm work in Christian county for J. S. Anderson during the year 1888. He was to receive as compensation for his work his board and lodging and one hundred and fifty dollars, and any balance that might be due him at the end of the year on accouut of his wages, he was to have tobacco enough raised on the farm in 1888 to pay said balance. At the close of said year J. S. Anderson was indebted to C. S. Anderson on account of said contract in the sum of 1135.00. On the respective dates of July 21 and the 19th of September,…
2Cases cited2 opinions
- Nash v. PageCourt of Appeals of Kentucky · 1882
- Newcomb-Buchanan Co. v. BaskettCourt of Appeals of Kentucky · 1879
3Cited by13 opinions
- Birmingham v. Rice Bros.Supreme Court of Iowa · 1947
- Mason City Production Credit Ass'n v. Sig Ellingson & Co.Supreme Court of Minnesota · 1939
- Blackwell v. Laird and LairdMissouri Court of Appeals · 1942
- STATE SECURITIES COMPANY v. SvobodaNebraska Supreme Court · 1961
- Sullivan Co. v. WellsDistrict Court, D. Nebraska · 1950
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