Jones v. Journey
Alabama Court of Appeals
Appeal from Calhoun Circuit Court. Heard before Hon. John Pelham. Detinue by Charlotte Jones against John W. Journey for one horse. Judgment for the defendant, and plaintiff appeals.
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Appeal from Calhoun Circuit Court. Heard before Hon. John Pelham. Detinue by Charlotte Jones against John W. Journey for one horse. Judgment for the defendant, and plaintiff appeals. The question propounded to the witness Carr is aS follows: “Did not McKinley once make an offer to you, at the time he had the horse in possession, for you to mortgage your house and raise some money for the purpose of buying a horse from Mrs. Jones?” The other assignments of error sufficiently appear from the opinion. It is elementary that the authority of an alleged agent cannot be proven by his declarations. —…
1Opinion of the CourtWalker, P. J.
In connection with independent evidence tending to show that the person who sold to the defendant the horse sued for was authorized by the plaintiff to trade it, it. was competent to prove the acts or declarations of such person in the performance *491of the agency. Robinson & Co. et al. v. Greene, 148 Ala. 434, 43 South. 797; Martin, Dumee & Co. v. Brown, Shipley & Co., 75 Ala. 447; Jones on Evidence, § 255. If the plaintiff wished to raise the question that such declarations of the alleged agent could not he considered as proof of the fact of agency, he should have asked instructions defining…
2Cases cited3 opinions
- Robinson & Co. v. GreeneSupreme Court of Alabama · 1906
- Brent v. BaldwinSupreme Court of Alabama · 1909
- Martin, Dumee & Co. v. Brown, Shipley & Co.Supreme Court of Alabama · 1883
3Cited by2 opinions
- American Ry. Express Co. v. StanleySupreme Court of Alabama · 1922
- Bear v. Swift & Co.Supreme Court of Alabama · 1953