McCornick v. Queen of Sheba Gold Mining & Milling Co.
Utah Supreme Court
Appeal from tbe Third District Court, Salt Lake County.— Hon. A. N. Oherry, Judge. Action by 'plaintiff to recover of defendant a certain amount alleged to be due him on account of an overdraft of defendant- at his bank. From a judgment for defendant plaintiff appealed. The appointment of an agent and his authority may be proved by the agent’s testimony. The testimony of an agent on the question of his agency, is as competent as that of any other witness.
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Appeal from tbe Third District Court, Salt Lake County.— Hon. A. N. Oherry, Judge. Action by 'plaintiff to recover of defendant a certain amount alleged to be due him on account of an overdraft of defendant- at his bank. From a judgment for defendant plaintiff appealed. The appointment of an agent and his authority may be proved by the agent’s testimony. The testimony of an agent on the question of his agency, is as competent as that of any other witness. R. S. Utah, secs. 3412, 3413. The court admitted in evidence a large number of letters and statements, which Geo. D. Haven sent to the…
1Opinion of the CourtBartch, C. J.
The plaintiff, who is a banker, brought this action to recover $2,673.48 and interest, alleged to be due him from the defendant because of an overdraft at his bank. At the trial a verdict was returned and judgment entered against him. This appeal is from the judgment.
*74It appears from tbe evidence that tbe defendant was a mining corporation, and owned a group of mining claims in western Utab; that one George D. Haven, a mining man of experience and means, in tbe early part of 1896, went to England for tbe purpose of interesting English capitalists in mining property situate in this State; that…
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