Atkins v. Cotter
Supreme Court of Arkansas
Appeal from Lee Chancery Court; A. L. Hutchins, Chancellor; 1. Agency mnst be shown by positive proof or circnstances justifying the inference that the principal has assented to the acts of the agent (126 Ark. 405), and what the agent said if anything can not be looked to as even tending to establish his authority as agent. 93 Ark. 600; Ih. 315; 90 Id. 104; 1 Mechem on Agency, § 288; 21 R. C. L., p. 280, $ 6; 31 Cyc., p. 1652, § C; 129 Fed. 583; 65 N. W. 403-5; 22 Id. 276-7;…
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Appeal from Lee Chancery Court; A. L. Hutchins, Chancellor; 1. Agency mnst be shown by positive proof or circnstances justifying the inference that the principal has assented to the acts of the agent (126 Ark. 405), and what the agent said if anything can not be looked to as even tending to establish his authority as agent. 93 Ark. 600; Ih. 315; 90 Id. 104; 1 Mechem on Agency, § 288; 21 R. C. L., p. 280, $ 6; 31 Cyc., p. 1652, § C; 129 Fed. 583; 65 N. W. 403-5; 22 Id. 276-7; 4 Heisk. (Tenn.) 542. 2. The mere fact that a principal receives and retains the benefits of the unauthorized act of…
1Opinion of the CourtSmith, J.
This suit was instituted for an accounting, it being alleged by Mrs. Atkins, the plaintiff, that in 1912 Atkins & Cotter, a firm composed of plaintiff’s husband and defendant, borrowed from her the sum of $15,000. This sum was not repaid, and amounted, a year later, with interest at 8 per cent., to $16,200. This indebtedness was not denied, but the controversy is over credits claimed by Cotter.
Mrs. Atkins, the appellant, owned a farm, which she rented to her husband, whose tenants were furnished by the firm of Atkins & Cotter. On a much smaller scale Cotter was also interested in farming, and…
2Cases cited3 opinions
- Page v. Metropolitan Life InsuranceSupreme Court of Arkansas · 1911
- Langford v. National Life & Accident InsuranceSupreme Court of Arkansas · 1915
- Prudential Insurance v. WilliamsSupreme Court of Arkansas · 1914
3Cited by4 opinions
- Secor v. Pioneer Foundry Co. Inc.Michigan Court of Appeals · 1969
- Mutual Aid Union v. WhiteSupreme Court of Arkansas · 1924
- Reilly v. Penn Mutual Life InsuranceSupreme Court of Iowa · 1926
- Walden v. McCollumSupreme Court of Arkansas · 1926