The Southeastern Reporter 25
The Southeastern Reporter 25
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Wooten OrifDn, for plaintiff In erroid Tom Eason, Sol. Qen^ and J. M. T^mn, Atty. Gesi., for the State.
PER CURIAM. Judgment afilrmedL ATKINSON, J., providentially absent, and not presiding.
(99 Oa. 256) SMITH V. HOLBROOK et at (Supreme CovLrt of Georgia. July 20, 1896.) AoBNCT— Ratification — Assumpsit — * Gbnbbal Issue— Secondary Evidbncb.
1. Wfiere a clerk who was left in general charge of a mercantile establishmeDt dnnng the absence of the proprietor ordered goods appro- priate to tbe condu...ct of the bosmess, which were received and placed in stock, and the pro- prietor, upon ascertaining these facts, did not, within a reasonable time, countermand the or- der and offer to return the goods, he was bound to pay for the same, although in the first in- stance the clerk may have transcended his au- thority in ordering: the goods, it appearing that his want of authority was unknown to the seller.
2. Under the pleading act of 1893. a mere plea of "not indebted," it being simply a plea of the general issue, does not, in law, amount to a denial of averments distinctly and plainly made in the plaintiff's petition, and all such averments not otherwise denied are to be tak- en as prima facie true.
What to read after The Southeastern Reporter 25?
You can find similar books in the "Read Also" column, or choose other free books by West Publishing Company to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Wooten OrifDn, for plaintiff In erroid Tom Eason, Sol. Qen^ and J. M. T^mn, Atty. Gesi., for the State.
PER CURIAM. Judgment afilrmedL ATKINSON, J., providentially absent, and not presiding.
(99 Oa. 256) SMITH V. HOLBROOK et at (Supreme CovLrt of Georgia. July 20, 1896.) AoBNCT— Ratification — Assumpsit — * Gbnbbal Issue— Secondary Evidbncb.
1. Wfiere a clerk who was left in general charge of a mercantile establishmeDt dnnng the absence of the proprietor ordered goods appro- priate to tbe condu...ct of the bosmess, which were received and placed in stock, and the pro- prietor, upon ascertaining these facts, did not, within a reasonable time, countermand the or- der and offer to return the goods, he was bound to pay for the same, although in the first in- stance the clerk may have transcended his au- thority in ordering: the goods, it appearing that his want of authority was unknown to the seller.
2. Under the pleading act of 1893. a mere plea of "not indebted," it being simply a plea of the general issue, does not, in law, amount to a denial of averments distinctly and plainly made in the plaintiff's petition, and all such averments not otherwise denied are to be tak- en as prima facie true.
What to read after The Southeastern Reporter 25?
You can find similar books in the "Read Also" column, or choose other free books by West Publishing Company to read onlineMoreLess
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