Reports of Cases at Law, Argued and Determined in the Court of Appeals of South Carolina (Volume 3)

This historic book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1841. Not illustrated. Excerpt: ... ACTION (against purchaser at sheriff's sale, by whom to be brought.) See Sheriff's sale, 2. ADMINISTRATOR. See Executor and Administrator. AGENT. 1. An agent must so disclose his principal at the time of the con- tract, as to enable the opposite party to have recourse to the prin- cipal, ia case the agent bad authority to bind him; but it is not necessary that the agent should name every one of a class or com- pany of his principals, who are usually designated by some brief descriptive term: such a designation as the owners of the Brig Encomium would be sufficient to exonerate the agent, at least until he is called on for a more precise specification, and refuses to give it. Waddell vs. Mordecai 22 2. Defendant, as agent of the Brig Encomium, contracted with plaintiff to transport a number of slaves from Charleston to New Orleans, received $100 and signed his name to a receipt therefor, for the owners. The vessel was wrecked on her passage, and the slaves never reached their destination, nor were returned to the plaintiff. On action brought against the defendant to recover back the $100, and which, on demand being made of him for pay- ment, he said he had paid over to his principals, it was held that he was not liable. Ibid. 3. Where a bank placed a note left for collection, in the hands of a notary public, he will be regarded as the agent of the Bank, for whose omissions or mistakes the Bank is liable. Thompson vs. Bank of the Stale of South Carolina 77 AGREEMENT. See Pleading, 4, 5, 6. ARREST OF JUDGMENT. See Judgment. ASSUMPSIT. 1. Where, in an action against the administrator, to recover for the services of a slave that had been in the possession of the intestate, it appeared that the slave had not been io the intestate's posses- sion by the con...