Scarborough v. Reynolds
Supreme Court of Alabama
Writ of Error to the Circuit Court of Macon, The defendant in error declared against the plaintiff, in assumpsit, on a promissory note, dated the 12th October, 1844, and payable one day after date, for the sum of $516 39. The cause was tried on issues to the following pleas, viz :— 1. Non-assumpsit. 2. That James Allen, who purports upon the face of the note to have made the same, as the defendant’s agent, acted without the defendant’s knowledge, authority or consent. 3. The…
Read the full summary
Writ of Error to the Circuit Court of Macon, The defendant in error declared against the plaintiff, in assumpsit, on a promissory note, dated the 12th October, 1844, and payable one day after date, for the sum of $516 39. The cause was tried on issues to the following pleas, viz :— 1. Non-assumpsit. 2. That James Allen, who purports upon the face of the note to have made the same, as the defendant’s agent, acted without the defendant’s knowledge, authority or consent. 3. The plaintiff is indebted to defendant in a sum which exceeds the amount of the note, and for the excess the defendant…
1Opinion of the CourtCollier, C. J.
1. It is not necessary to advert to the well settled distinction between a general and special agency,as to the obligation of third persons who may deal with an agent, to know the extent of his powers, and how and to what extent they have been limited. [Gaines v. McKinley, 1 Ala. Rep. N. S. 446; Webster v. Seekamp, 4 B. & A. Rep. 352; Fenn v. Harrison, 3 T. Rep. 760; Whitebread v. Tuckett, 15 East’s Rep. 407; Gibson v. Colt, 7 Johns. Rep. 390; Wood v. McCain, 7 Ala. Rep. 800; Munn v. Commission Co. 15 Johns. Rep. 44; Parks v. Turnpike, 4 J. J. Marsh.Rep. 456; Huntington v. Wilder, 6 Verm.…
2Cases cited7 opinions
- Emerson v. Providence Hat Manufacturing Co.Massachusetts Supreme Judicial Court · 1815
- Planters' & Merchants' Bank of Mobile v. WillisSupreme Court of Alabama · 1843
- Wood v. McCainSupreme Court of Alabama · 1845
- Inhabitants of Buckland v. Inhabitants of ConwayMassachusetts Supreme Judicial Court · 1820
- Scott v. CraneSupreme Court of Connecticut · 1814
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Fancher Bros. & Co. v. Bibb Furnace Co.Supreme Court of Alabama · 1887
- McGinnis v. CurryWest Virginia Supreme Court · 1878
- Eagle Iron Co. v. BaughSupreme Court of Alabama · 1906
- Claflin & Co. v. Continental Jersey WorksSupreme Court of Georgia · 1890
- Campbell v. DentSupreme Court of Missouri · 1873
22 more not listed; retrieve them via the Exa API.