Payne v. Potter
Supreme Court of Iowa
Appeal from Dallas District Court. Replevin for a horse, alleged to be of the value of one hundred dollars. The cause was tried before a justice of the peace, and judgment rendered for the plaintiff. On appeal to the District Court, the right of property in the horse was found to be in the plaintiff. On the trial exception was taken by the defendant to the charge of the court to the jury, and to the refusal of the court to set aside the verdict and grant a new trial.
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Appeal from Dallas District Court. Replevin for a horse, alleged to be of the value of one hundred dollars. The cause was tried before a justice of the peace, and judgment rendered for the plaintiff. On appeal to the District Court, the right of property in the horse was found to be in the plaintiff. On the trial exception was taken by the defendant to the charge of the court to the jury, and to the refusal of the court to set aside the verdict and grant a new trial. All the evidence given to the jury, as well as the charge of the court, are embodied in a bill of exceptions taken by…
1Opinion of the Court
STOCKTON, J,
The first assignment of error is upon the charge of the court. The rule of law is that no man is bound by the act of another, without or beyond his consent ; and where an agent acts under a special or express authority, whether written or verbal, the party dealing with him is bound to know at his peril what the power of the agent is, and to understand its legal effect; and if the agent exceed the boundary of his legal power, the act, as concerns the principal, is void. Delafield v. State of Illinois, 26 Wend. 193; Story on Agency, section 165. The power must be pursued with legal…
2Cited by6 opinions
- Eau Claire Canning Co. v. Western Brokerage Co.Illinois Supreme Court · 1905
- Graul v. StrutzelSupreme Court of Iowa · 1880
- M. M. Walker Co. v. Dubuque Fruit & Produce Co.Supreme Court of Iowa · 1901
- Welke v. WackershauserSupreme Court of Iowa · 1909
- McGrath v. VanamanNew Jersey Court of Chancery · 1895
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