Legal Opinion · Dissent

New Home Sewing MacHine Co. v. Seago

Supreme Court of North Carolina

Decided April 23, 1901Published

Aotiost by tibe New Home Sewing Machine Company against Henry E. Seago, D. "R. Seago and W. A. Marks, heard by Judge Thomas J. Slum and a jury, at the December Term, 1900, of StaNuy County Superior Court. From a judgment for the plaintiff, tbe defendants appealed.

1DissentClark, J.

The defendant, II. E. Seago, gave bond in the penal sum of $500 with the two other defendants as his sureties for the faithful discharge of his duties as agent for the sale of sewing machines, and accounting for all sums received by him as such. This action is to recover of him and the sureties on said bond the sum of $442.21 alleged to have been illegally retained by him in breach of said bond, with interest thereon from the date of such breach.

A witness testified that he was general agent of the plaintiff in this State and produced his written authority as such. Defendants’ exception to-…

2Cases cited11 opinions

  1. Brainard v. . JonesNew York Court of Appeals · 1858
  2. State v. . WhitfieldSupreme Court of North Carolina · 1885
  3. Turner v. . BogerSupreme Court of North Carolina · 1900
  4. Warner v. ThurloMassachusetts Supreme Judicial Court · 1818
  5. Burchfield v. HaffeySupreme Court of Kansas · 1885

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