Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 48

Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 48

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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. 1887 edition. Excerpt: ...Liability of agent for default of his clerk. An agent is liable to his principal for funds received for the principal and misappliad by his (the agent's) clerk. APPEAL from Ouachita Circuit Court. Hon. B. F. ASKE', Judge. Dodge cents Johnson, for appellant. 1-The evidence does not sustain the verdict. Appellee Was the bonded officer of the defendant, and it looked to him for all moneys collected for it. The appellee alone was responsible to the company. 2. The first, second and third instructions given for plaintiff were erroneous. The same error runs through all the instructions for plaintiff: That, although pla.intifi' was the sole bonded agent to whom defendant looked for all moneys collected at Camden, nevertheless, if any moneys were collected by his clerk, servant, or employs, and appropriated by them, for the single reason that plaintifi did not receive the money into his own hands, he was not liable. 3. The replication to the counter-claim was ac0nfession of the counter-claim in this, that plaintifi admitted that his clerk, Sorrells, had collected the amount claimed, but that hehad never paid it over to him, plaintifi, nor had Sorrells ever placed it in the safe. This was no defense to the counter-claim, and should have been ruled insuflicient upon demurrer. B. W. Johnson, for appellee. Appellee clearly had the right to sue for his servicesthe amount which he claimed to be due not being denied by appellant except by way of counter-claim, and to make good that counter-claim appellant must have shown 011 the trial that appellee rcceived into his hands the $580 claimed to be due. Vithout it did this, the judgment was correct. Chilly on C0nt., 540. ' If appellee had been a consignee of the goods for a commission, thshow more

Product details

  • Paperback | 180 pages
  • 189 x 246 x 10mm | 331g
  • United States
  • English
  • black & white illustrations
  • 1236899660
  • 9781236899668