Railway Express Agency, Inc. v. Luverne Bank & Trust Co.

SIMPSON, Judge.

This was a suit on the common counts, plaintiff recovering judgment against defendant for the sum claimed in the complaint. Defendant appeals.

The sole insistence of. error is the refusal of the trial court to give for defendant (appellant here) the general affirmative charge. Basis of the suit was:

One C. L. Russell was the local agent of appellant at Luverne, Alabama, working on commissions, and, according to appellant’s answers to interrogatories, authorized to accept legal tender only in payment for express charges, etc.

On September 1, 1936j one Rabun, auditor and route agent…