Wailes v. Neal
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This action was brought by William E. Wailes, against Joseph G. Neal; and was founded on the defendant’s promissory note for $203.98, dated July 11th, 1878, and payable on the 1st day of December, 1878, to the plaintiff or order. The defendant pleaded the general issue, and payment; and issue seems to have been joined on both of these pleas.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This action was brought by William E. Wailes, against Joseph G. Neal; and was founded on the defendant’s promissory note for $203.98, dated July 11th, 1878, and payable on the 1st day of December, 1878, to the plaintiff or order. The defendant pleaded the general issue, and payment; and issue seems to have been joined on both of these pleas. On the trial, as appears from the bill of exceptions, the plaintiff having read in evidence the note on which the suit was founded, the defendant offered in evidence, under…
1Opinion of the CourtBbickell, C. J.
— The error in the rulings of the court below is manifest. Before the acts or declarations of one claiming to act in right of, and by the authority of another, can be received to affect the person represented, there must be independent proof of the authority. Without such proof, the court was in error, in permitting the receipt to be read in evidence. — 2 Wharton’s Ev. § 1183 ; Scarborough v. Reynolds, 12 Ala. 252. If, as was subsequently disclosed, the agent had only mere general authority to collect the debt due from the defendant to the plaintiff, it was not within the scope of his powers…
2Cases cited2 opinions
- Scarborough v. ReynoldsSupreme Court of Alabama · 1847
- Chapman, Lyon & Noyes v. CowlesSupreme Court of Alabama · 1867
3Cited by2 opinions
- Huntsvile Belt Line & Monte Sano Railway Co. v. Corpening & Co.Supreme Court of Alabama · 1892
- Cobb v. Malone & CollinsSupreme Court of Alabama · 1888