F. A. Sherrill & Co. v. Weisiger Clothing Co.
Supreme Court of North Carolina
Civil actiox, tried before Whitaker, J., and a jury, at November Term, 1893, of Iredell Superior Court. The issue submitted, without objection, was: . “ Are the defendants indebted to the plaintiffs, and if so, in what amount?” Plaintiffs introduced in evidence note 6th March, 1890, to order of Weisiger Clothing Co., for $108, payable thirty days after date, interest from February 1, 1890, at eight per cent, by J. M. Howard, indorsed to plaintiffs by defendants through…
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Civil actiox, tried before Whitaker, J., and a jury, at November Term, 1893, of Iredell Superior Court. The issue submitted, without objection, was: . “ Are the defendants indebted to the plaintiffs, and if so, in what amount?” Plaintiffs introduced in evidence note 6th March, 1890, to order of Weisiger Clothing Co., for $108, payable thirty days after date, interest from February 1, 1890, at eight per cent, by J. M. Howard, indorsed to plaintiffs by defendants through A..Wallace; credit, $70 April 16, 1890. Note 6th March, 1890, for $108 to defendants, sixty days after date, interest eight…
1Opinion of the Court
Per Curiam :
The authority of an agent to collect a note or bill does not authorize him to indorse the note or bill either in the name of his principal or on his own account, and the defendant’s acquiescence in and approval of the sale, supposing it to he an out and out sale simply, was not a ratification in fact of the unauthorized indorsement, of which he had no knowledge when he approved the sale. Hines v. Butler, 3 Ired. Eq., 307. The attorney, prima facie, had no authority to sell and indorse and the plaintiff, under the circumstances of this case, should have inquired as to the extent of…
2Cases cited2 opinions
- Biggs v. Insurance Co. (North Carolina Home)Supreme Court of North Carolina · 1883
- Earp v. . RichardsonSupreme Court of North Carolina · 1879
3Cited by1 opinion
- National Bank of the Republic v. Old Town Bank of BaltimoreCourt of Appeals for the Seventh Circuit · 1902