Hynson v. Noland
Supreme Court of Arkansas
Writ of Error to Independence Circuit Court. Hon. B. II. Neely, Circuit Judge, presiding. Payment to Lyon after. Plynson was out of office, simply on Lyon’s authority to do the business of Hynson when in office, was no defence to this action. Lyon was not Hynson’s agent after his removal from office. Story on Agency, secs. 462, 481, 484, 499, 430; and the court ought to have granted a new trial.
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Writ of Error to Independence Circuit Court. Hon. B. II. Neely, Circuit Judge, presiding. Payment to Lyon after. Plynson was out of office, simply on Lyon’s authority to do the business of Hynson when in office, was no defence to this action. Lyon was not Hynson’s agent after his removal from office. Story on Agency, secs. 462, 481, 484, 499, 430; and the court ought to have granted a new trial. Lyon’s agency could not possibly cease wilh the removal of Hynson from office, because his appointment was “to transact all the business of the land office;” which included the settlement with the…
1Opinion of the CourtChief Justice Watkins
This was an action of assumpsit brought by the plaintiff against the defendant in error, for money had and received. It appears that, in the spring of 1849, the plaintiff, being appointed Receiver of Public Moneys for the United States, at the Bates-ville Land Office, employed Aaron W. Lyon to transact the business, constituting him general agent for that purpose. It was especially expressed in the instrument, or power of attorney executed by Hynson to Lyon, that the latter was to have the entire controll of all moneys paid into the office, and was to disburse the same according to law, and…
2Cited by1 opinion
- Sheeks v. DaughertySupreme Court of Arkansas · 1930