Trout v. Emmons
Illinois Supreme Court
This was a bill in chancery, filed by defendant in error against plaintiff in error. The bill alleges, that in 1850, the defendant in error rented of one J. Gh Bowman, as agent of plaintiff in error, a farm belonging to plaintiff, and continued in the occupancy of said farm for several years, paying rent therefor to said agent. That defendant and said agent differed about the rent of 1854, which is known as the dry year.
Read the full summary
This was a bill in chancery, filed by defendant in error against plaintiff in error. The bill alleges, that in 1850, the defendant in error rented of one J. Gh Bowman, as agent of plaintiff in error, a farm belonging to plaintiff, and continued in the occupancy of said farm for several years, paying rent therefor to said agent. That defendant and said agent differed about the rent of 1854, which is known as the dry year. That notwithstanding said disagreement, the defendant continued to occupy said farm and pay rent until 1857. That on the 2nd day of February, 1857, the plaintiff commenced…
1Opinion of the CourtWalker, J.
This record presents the question, whether a general agent may submit matters of his principal in dispute to arbitration, in the absence of special authority for that purpose. The trial was had on the bill, answer and depositions. No replication was filed to the answer, and it must be taken as true. It denies the authority of the agent of plaintiff in error to submit the matter in dispute to arbitration, and the evidence only shows a general authority in the agent to receive the rents. A general agent has no authority to bind his principal to a submission to arbitration. To be binding, such a…
2Cases cited1 opinion
- Scarborough v. ReynoldsSupreme Court of Alabama · 1847
3Cited by3 opinions
- Manufacturers & Builders Fire Insurance v. MullenNebraska Supreme Court · 1896
- Macdonald v. BondIllinois Supreme Court · 1902
- Pope v. WheatleyCourt of Appeals of Texas · 1932