Robertson v. C. O. D. Garage Co.
Nevada Supreme Court
Appeal from First Judicial District Court,. Douglas County; Frank P. Langan, Judge. Action by J. C. Robertson against the C. O. D. Garage Company. From a judgment for defendant, plaintiff appeals. Embezzlement by servant or agent entitles principal to recover.
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Appeal from First Judicial District Court,. Douglas County; Frank P. Langan, Judge. Action by J. C. Robertson against the C. O. D. Garage Company. From a judgment for defendant, plaintiff appeals. Embezzlement by servant or agent entitles principal to recover. Rev. LaAvs, 6650-6654; Stats. 1915, p. 202; 31 Cyc. 1605-1607; Menardi v. Walker, 32 Nev. 169. Plaintiff may recover the property or its value. 31 Cyc. 1607 (2) ; Velsian v. Lewis, 16 Pac. 631. It was the duty of defendant to ascertain the authority of the seller. Springer v. Bank, Ann. Cas. 1917A, 520. The principal cannot be bound by…
1ConcurrenceColeman, J.
I concur in the order of reversal. In my opinion, the evidence shows that Zeigler, if an agent at all, was one with special and exceedingly limited authority confined solely with keeping open appellant’s place of business and answering inquiries during his absence. Perhaps he had the privilege of working up a prospective customer ; but, if a sale resulted, it would be concluded by appellant, and all the details connected therewith would be arranged by him.
There is nothing in the conduct of Zeigler which could have justified the conclusion by the respondent that he was an agent with authority…
2Cases cited1 opinion
- Sioux City Nursery & Seed Co. v. MagnesColorado Court of Appeals · 1894