Stainback v. Read & Co.
Supreme Court of Virginia
This was an action of assumpsit in the Circuit court of Petersburg, brought by C. C. Read & Co. against Eittleberry R. Stainback. Upon the trial the plaintiffs introduced in evidence a bill of exchange, which bore date the 14th of December 1842, and was directed to them, whereby they were requested to pay to P. C. & J. 1). Osborne & Co. one thousand nine hundred and sixty-nine dollars and foriy-two cents.
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This was an action of assumpsit in the Circuit court of Petersburg, brought by C. C. Read & Co. against Eittleberry R. Stainback. Upon the trial the plaintiffs introduced in evidence a bill of exchange, which bore date the 14th of December 1842, and was directed to them, whereby they were requested to pay to P. C. & J. 1). Osborne & Co. one thousand nine hundred and sixty-nine dollars and foriy-two cents. The bill was signed by E. E. Stainback, by E. C. Stainback, attorney, and by F. C. Stainback, and was endorsed by the payees and E. C. Stainback; and was paid by the plaintiffs, who charged…
1Opinion of the Court
*SAMUELS, J.
A proper analysis of this case will show that it turns •upon two questions:
First. Whether F. C. Stainback had the authority of E. E. Stainback his principal, to draw the bill which is part of the foundation of this suit, or to subject his principal to an action on a collateral contract in regard thereto.
Second. If he had no .such authority, is E. E. Stainback still liable for the act of the agent, because of anything in the dealing between the agent and the plaintiffs ?
It may be laid down as a rule of law, sanctioned alike by reason and authority, that a power of attorney given to…
2Cited by11 opinions
- First National Bank v. GaySupreme Court of Missouri · 1876
- Dyer v. DuffyWest Virginia Supreme Court · 1894
- Lacey v. CardwellSupreme Court of Virginia · 1975
- Bowles v. RiceSupreme Court of Virginia · 1907
- Flat Top National Bank v. ParsonsWest Virginia Supreme Court · 1922
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