Moore v. Appleton
Supreme Court of Alabama
Appeal from the Circuit Court of Lawrence. Tried before the Hon. Thos. A. Walker. Trespass ON the case by Claiborne G-. Appleton against John Moore, “ to recover damages sustained by plaintiff, growing out of certain acts performed by plaintiff, in the capacity of agent for defendant, in the year 1846, in dispossessing and removing one Aaron B. Quinby from a certain tract of land lying in Lawrence county, Alabama, and known as the place on which said defendant now keeps a…
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Appeal from the Circuit Court of Lawrence. Tried before the Hon. Thos. A. Walker. Trespass ON the case by Claiborne G-. Appleton against John Moore, “ to recover damages sustained by plaintiff, growing out of certain acts performed by plaintiff, in the capacity of agent for defendant, in the year 1846, in dispossessing and removing one Aaron B. Quinby from a certain tract of land lying in Lawrence county, Alabama, and known as the place on which said defendant now keeps a toll-gate; which act of dispossessing and removing said Quinby was done at the special instance and request of defendant,…
1Opinion of the CourtRice, J.
—Every man who employs another to do an act which the employer appears to have a right to authorize him to do, undertakes to indemnify him for all such acts as the agent does not know to be unlawful, and as would be lawful if the employer had the authority he pretends to have.— Adamson v. Jarvis, 4 Bing. 66; Story on Agency, § 339.
Where two persons are claiming title to personal property adversely to each other, and one oí these claimants calls upon another person to take it, and the latter has reasonable ground to believe that his employer is the owner of the property, and therefore takes…
2Cases cited2 opinions
- Carpenter v. DevonSupreme Court of Alabama · 1844
- Myers v. GilbertSupreme Court of Alabama · 1850
3Cited by23 opinions
- Vandiver & Co. v. PollakSupreme Court of Alabama · 1894
- Lesher v. GetmanSupreme Court of Minnesota · 1883
- Eureka Coal Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1929
- Jean v. SandifordSupreme Court of Alabama · 1864
- Boston & Maine Railroad v. SargentSupreme Court of New Hampshire · 1904
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