Swindell v. . Latham
Supreme Court of North Carolina
Civil actioN, tried before W. JR. Allen, J., and a jury, at February Term, 1907, of the Superior Court of Beaueobt County.
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Civil actioN, tried before W. JR. Allen, J., and a jury, at February Term, 1907, of the Superior Court of Beaueobt County. This action was brought to recover the sum of $3,906.25, which the plaintiff alleges is due to him from the defendant by reason of the fact that the latter, who lived in New Bern, was conducting a mercantile business in Washington, Beaufort County, N. C., by and through his agent, A. B. Smith, and that Smith was authorized to purchase such goods, wares and merchandise as were necessary to be used in the conduct of the said business, either for cash or on credit, and that,…
1Opinion of the Court
Walkeb, J.,
after stating tbe case: It seems to ns that the presiding Judge went too far, under the facts and circumstances of this case, in the fourth instruction given the jury, which was as follows: “If an agent has no authority to borrow money in order to pay for goods, but is directed to buy for cash with money advanced by the principal, and the latter fails to furnish the cash', and the .agent, for the purpose of promoting the business, borrows money and uses it to pay for goods for his principal, and the goods are used in said business for the benefit, of the principal, then the…
2Cases cited10 opinions
- Bank v. Hay.Supreme Court of North Carolina · 1906
- Brittain v. WesthallSupreme Court of North Carolina · 1904
- Atkinson v. . PackSupreme Court of North Carolina · 1894
- Brittain v. Westall.Supreme Court of North Carolina · 1904
- Lamb v. Baxter.Supreme Court of North Carolina · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- McDonald, Adm'r v. StrawnSupreme Court of Oklahoma · 1920
- Wynn v. GrantSupreme Court of North Carolina · 1914
- Wynn v. . GrantSupreme Court of North Carolina · 1914
- Thompson v. Equitable Life Assurance Society of United StatesSupreme Court of North Carolina · 1930
- Powell v. . Lumber Co.Supreme Court of North Carolina · 1915
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