Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 39

Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 39

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ...a note is placed in the hands of an attorney to collect, under a general retainer, he can not delegate his authority to a third person, and authorize him to collect it, and payment by the maker to such third person will not discharge him. The facts in that case were, that the note was sent to Trapnall & Cocke for collection, and one of them placed it in the hands of Pitcher, a merchant, to whom the maker paid it in bacon, which, of course, was no discharge of the note, as Trapnall & Cocke could not themselves have received bacon, or anything else than money, in payment of the note, without authority from their client. The decision, however, announces the general rule correctly, that an agent can not delegate his authority to another, unless empowered to do so by his principal. It is usual, however, for agents to transact the business of their principals by the aid of others in their employ, or under their control. For example, if a note be placed in the hands of an attorney, or a banker, or a merchant, and a clerk is sent out to collect it, it would hardly be doubted but that payment to him would discharge the maker, and that the principal would have to look to his agent for the money. So it has been held that a valid payment of a premium on his insurance policy may be made to the clerk of the agent of an insurance company. Bodine et al. v. Exc/zan_qc Fire Ins. Co., 51 New York, 12-5'. So in Weaver at al. v. Carnall, et al., 35 Ark., 204, where an agent was authorized to borrow money for and execute the note of his principal, and the principal's name was signed to the note by the partner of the agent, at his request, and in his presence; the note was held to be binding upon the principal. It was said in that case more

Product details

  • Paperback | 182 pages
  • 189 x 246 x 10mm | 336g
  • United States
  • English
  • black & white illustrations
  • 1236977556
  • 9781236977557