Taylor v. Taylor
Illinois Supreme Court
The above entitled cause was instituted by the appellees against the appellant, prior to the April term of the Alexander Circuit Court, A. D. 1856, and was tried before Parish, Judge of said court, without a jury, at the October term, 1856, of said court. The declaration was in assumpsit, upon the common money counts; among them a count for “ money had and received,” to which the defendant pleaded “ non-assumpsit,” and on which issue was joined.
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The above entitled cause was instituted by the appellees against the appellant, prior to the April term of the Alexander Circuit Court, A. D. 1856, and was tried before Parish, Judge of said court, without a jury, at the October term, 1856, of said court. The declaration was in assumpsit, upon the common money counts; among them a count for “ money had and received,” to which the defendant pleaded “ non-assumpsit,” and on which issue was joined. Upon trial, the plaintiffs introduced as a witness, William A. Hacker, who testified that he was and had been for some time acquainted with…
1Opinion of the CourtWalker, J.
It seems that there can be no reasonable doubt, that the clerk of T. J. Wood & Co. was the agent of appellant. The evidence shows that he so acted, and was recognized as such, in the performance of the various duties of mail agent. Appellant had employed the firm of T. J. Wood & Co. to discharge these duties, and they assign them to this clerk, and it appears that he acted under the direction of appellant. Wood testifies that appellant did not give the business his personal attention, further than to see that the clerk did the business of the agency correctly. Whether the clerk was originally…
2Cited by18 opinions
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- First National Bank v. GattonIllinois Supreme Court · 1898
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