Nabors v. Shippey
Supreme Court of Alabama
Error to the Circuit Court of Pickens. Before the Hon. S. Chapman. This was an action of assumpsit, instituted by defendant in error, as the agent of one John Kirby, against the plaintiff in error, in a justice’s court, and taken by appeal to the circuit court. The statement, or declaration, was on the common counts. Plea, non-assumpsit.
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Error to the Circuit Court of Pickens. Before the Hon. S. Chapman. This was an action of assumpsit, instituted by defendant in error, as the agent of one John Kirby, against the plaintiff in error, in a justice’s court, and taken by appeal to the circuit court. The statement, or declaration, was on the common counts. Plea, non-assumpsit. By the bill of exceptions, it appears, that defendant in error was the known agent of Kirby, and had been such for some time; that an execution in favor of Kirby had been levied on the property of one George Branch, the defendant therein, and that defendant…
1Opinion of the CourtCollier, C. J.
Ordinarily, an agent contracting in the name of his principal, is not entitled to sue, nor can he be sued on such contracts. Thus an agent selling goods for his principal, and in the name of the latter, cannot maintain an action for the purchase money. Where A agreed in writing to pay the rent of certain tolls, which he had hired for three years, of certain commissioners for drainage, “ to the treasurer of the commissionersHeld, that the promise was to the commissioners, to pay the rent to the person whom they should appoint from time to time to receive it, and that an action was maintainable…
2Cases cited1 opinion
- Ewing v. MedlockSupreme Court of Alabama · 1837
3Cited by3 opinions
- Goodman v. WalkerSupreme Court of Alabama · 1857
- Foster v. SmithSupreme Court of Alabama · 1849
- King v. Farmers Grain Co.Supreme Court of Iowa · 1922