Canada v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
Appeal from the circuit court of Warren county. Hon. H. C. Mounger, Judge. Suit by Meredith Isaiah Canada against the Yazoo & Mississippi Valley Eailroad Company. Prom a judgment for defendant, plaintiff appeals.
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Appeal from the circuit court of Warren county. Hon. H. C. Mounger, Judge. Suit by Meredith Isaiah Canada against the Yazoo & Mississippi Valley Eailroad Company. Prom a judgment for defendant, plaintiff appeals. The appellant, who was plaintiff in the court below, filed his declaration, alleging in substance that the defendant had agreed with plaintiff’s wife at Eosedale, upon the payment of the fare from Vicksburg to Eosedale, to transport plaintiff, who was then sick in the hospital at Vicksburg, from Vicksburg to his home in Eosedale; that plaintiff’s wife had paid the money for his…
1Opinion of the CourtSmith, J.
The contract sued on having been made by plaintiff’s wife with appellee for his (plaintiff’s) benefit, he has the right to maintain a suit for the-breach thereof in his own name. Sweatman v. Parker, 49 Miss. 19, 30 Cyc. 65; 15 Ency. Plead, and Prac. 509.
The allegation that the contract sued on was made with an agent of the defendant carries with it the inference that in making it the agent acted within the- scope of his authority. 31 Cyc. 1627; 16 Ency. Plead, and Prac. 900. Whether or not this agent in fact acted within the scope of his authority can therefore he determined only when the…
2Cases cited1 opinion
- Sweatman v. ParkerMississippi Supreme Court · 1873
3Cited by7 opinions
- Burns v. Washington Savings & Great Southern Savings & Loan Ass'nMississippi Supreme Court · 1965
- Yazoo M.V.R. Co. v. SideboardMississippi Supreme Court · 1931
- Rentschler v. Missouri Pacific RailroadNebraska Supreme Court · 1934
- Hartford Accident & Indemnity Co. v. HewesMississippi Supreme Court · 1940
- White v. Central Dispensary and Emergency HospitalCourt of Appeals for the D.C. Circuit · 1938
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