Baldwin Fertilizer Co. v. Thompson McAlister
Supreme Court of Georgia
Complaint. Before F. H. Burch, judge pro hac vice. Dodge superior court. March term, 1898. Thompson & McAlister bought fertilizers from the Baldwin Fertilizer Company, for which they gave their promissory note; and sold a part of the fertilizers to farmers whose notes they took for the same, payable to the company.
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Complaint. Before F. H. Burch, judge pro hac vice. Dodge superior court. March term, 1898. Thompson & McAlister bought fertilizers from the Baldwin Fertilizer Company, for which they gave their promissory note; and sold a part of the fertilizers to farmers whose notes they took for the same, payable to the company. In September,, 1891, the notes thus taken by them and so much of the fértilizers as remained unsold were turned over by them to the company through one Bostwick, a salesman of the company. Subsequently the company brought suit for a balance alleged to be' due upon the note of…
1Opinion of the Court
Little, <7.
1. The first question to be considered is, whether the plaintiff was bound by the action of its agent, Bostwick, in agreeing to accept from the defendants certain notes given for fertilizers, in payment of their debt. The law is, that the principal is only bound for the acts of his agent within the scope of his authority. Civil Code, § 3021. The evidence for defendants did not show that Bostwick had any authority to make' the contract by which it was claimed their note was settled. That on the part of the plaintiff company distinctly showed that Bostwick, who was connected with it…
2Cases cited1 opinion
- Camp v. Southern Banking & Trust Co.Supreme Court of Georgia · 1896
3Cited by10 opinions
- Dolvin v. American Harrow Co.Supreme Court of Georgia · 1906
- White v. DotsonCourt of Appeals of Georgia · 1930
- Roberts v. Bank of EufaulaCourt of Appeals of Georgia · 1917
- Clark Equipment Credit Corp. v. Refrigerated Transport Co.Court of Appeals of Georgia · 1978
- Miles v. SmithCourt of Appeals of Georgia · 1928
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