Doan v. Duncan
Illinois Supreme Court
This was an action of assumpsit brought by appellants against appellee, for goods sold, &c. Plea, general issue, trial by jury, verdict for appellee, and judgment for costs against appellants-. Woodson, Judge, presided, at the trial in Morgan Circuit Court, at October term, 1855. The following are the instructions, as given in the court below: The plaintiffs asked the court for the following instruction: “ If the jury believe, from the evidence, that the defendant held…
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This was an action of assumpsit brought by appellants against appellee, for goods sold, &c. Plea, general issue, trial by jury, verdict for appellee, and judgment for costs against appellants-. Woodson, Judge, presided, at the trial in Morgan Circuit Court, at October term, 1855. The following are the instructions, as given in the court below: The plaintiffs asked the court for the following instruction: “ If the jury believe, from the evidence, that the defendant held Charles Clarkson out to the world, as his clerk and agent in buying and selling goods for the defendant, and was known as…
1Opinion of the CourtScates, C. J.
The only question is whether the law of agency has been correctly stated in the instructions. We think it has not. Agencies are classed into general and special. But the powers and the instructions under which the agent acts may be more or less restricted in the one case or the other. Power to act generally in a particular business, or a particular course of trade, in a business however limited, would constitute a general agency,—if the agent is so held out to the world, however so restricted his private instructions may be. Story on Agency, Secs. 126,127,131,132,133.
We should not confound…
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