Francis v. W. J. & J. G. Edwards & Co.
Supreme Court of North Carolina
Civil- Action tried at Eall Term, 1876, of Northampton Superior Court, before Waits, J. ' This acti®n was brought to recover $394.56 balance due, alleged to have been furnished the defendants at their. re-quest, and paid on a certain draft drawn by them.
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Civil- Action tried at Eall Term, 1876, of Northampton Superior Court, before Waits, J. ' This acti®n was brought to recover $394.56 balance due, alleged to have been furnished the defendants at their. re-quest, and paid on a certain draft drawn by them. The defendants denied that this draft was drawn by their authority or for their benefit, and alleged that one J. M. Edwards without their knowledge had shipped five bales of cotton to plaintiffs; and after learning that said shipment had been made, they wrote to the plaintiffs to sell the same and remit proceeds to them, but the plaintiffs…
1Opinion of the CourtBynum, J.
Before evidence could be received that J. M. Edwards had collected the money on the check of Francis & Brother as the agent of the firm of W. J. & J. G. Edwards & Co., the agency had first to be established, aliunde the declarations, of J. M. Edwards himself; and it was incumbent on the Judge to determine whether there was a prima Jade ease of agency established, so as to render the acts and declarations of such person, the acts and declarations of those whose agent he is alleged to have been. Williams v. Wil liamson, 6 Ire. 281; Munroe v. Stutts, 9 Ire. 49. No such case of agency was…
2Cases cited6 opinions
- Phillips Walsh v. . Rufus D. HallSupreme Court of North Carolina · 1872
- Woodruff v. GarnerIndiana Supreme Court · 1866
- Harris v. . BurwellSupreme Court of North Carolina · 1871
- Bitting v. . ThaxtonSupreme Court of North Carolina · 1875
- Holzbauer v. HeineSupreme Court of Missouri · 1866
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3Cited by38 opinions
- Daniel v. RailroadSupreme Court of North Carolina · 1904
- Jackson v. Telegraph Co.Supreme Court of North Carolina · 1905
- Pacific Finance Corp. v. Superior CourtCalifornia Supreme Court · 1933
- Allen v. . SalleySupreme Court of North Carolina · 1919
- Jackson v. . Telegraph Co.Supreme Court of North Carolina · 1905
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