Bray & Brother v. Gunn
Supreme Court of Georgia
Principal and agent. New trial. Before Judge Strozer. Randolph Superior Court. May Term, 1874. Bray & Brother brought assumpsit against Gunn, alleging that he had damaged them $800 00, in this, that on August 19th, 1871, the plaintiffs entrusted to said defendant for collection, a draft on J. T. Brown & Company for $402 00; that on September 9th, 1871, in violation of written instructions, and to the damage of plaintiffs, he received Kimball money, a worthless currency, in…
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Principal and agent. New trial. Before Judge Strozer. Randolph Superior Court. May Term, 1874. Bray & Brother brought assumpsit against Gunn, alleging that he had damaged them $800 00, in this, that on August 19th, 1871, the plaintiffs entrusted to said defendant for collection, a draft on J. T. Brown & Company for $402 00; that on September 9th, 1871, in violation of written instructions, and to the damage of plaintiffs, he received Kimball money, a worthless currency, in payment of said draft, and released said Brown & Company from liability thereon. The defendant pleaded the general issue.…
1Opinion of the Court
McCay, Judge.
If an agent, acting in good faith, disobey the instructions ef his principal, and promptly imforms the principal of what *149he has done, it is the duty of the principal, at the earliest opportunity, to repudiate the act if he disapprove. Silence in such a case is a ratification: See the case of McLendon vs. Wilson & Callaway, 52 Georgia, 41, from Troup county. Taking this correspondence, altogether, we think the jury had a right to find that the plaintiffs were satisfied with the act of Gunn in taking the money in the Kimball funds, and that his dissatisfaction is an after-thought…
2Cited by10 opinions
- Mendel v. Converse & Co.Court of Appeals of Georgia · 1923
- Brooke & Co. v. Cunningham Bros.Court of Appeals of Georgia · 1916
- Thompson v. Neely & WilcoxCourt of Appeals of Georgia · 1924
- Sullivan v. BennettMichigan Supreme Court · 1933
- Montgomery v. Van RonkSupreme Court of Pennsylvania · 1937
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