F. A. Sherrill & Co. v. Weisiger Clothing Co.
Supreme Court of North Carolina
F. A. Sherrill & Co. v. Weisiger Clothing Co., 19 S.E. 365 (N.C. 1894)
114 N.C. 436
PER CURIAM:
F. A. Sherrill & Co. v. Weisiger Clothing Co.
Opinion of the Court
The authority of an agent to collect a note or bill does not authorize him to indorse the note or bill *440 either in the name of his principal or on his own account, and the defendant’s acquiescence in and approval of the sale, supposing it to he an out and out sale simply, was not a ratification in fact of the unauthorized indorsement, of which he had no knowledge when he approved the sale. Hines v. Butler, 3 Ired. Eq., 307. The attorney, prima facie, had no authority to sell and indorse and the plaintiff, under the circumstances of this case, should have inquired as to the extent of his authority. Earp v. Richardson, 81 N. C., 5; Biggs v. Insurance Co., 88 N. C., 141; Smith Cont., 311.
There should be a New Trial.
Reference
- Full Case Name
- F. A. Sherrill & Co. v. the Weisiger Clothing Company
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- 1 case
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- Syllabus
- Attorney — Extent of Poioer — Not Authorized to fndorse Notes Held for Collection — Acquiesence in Indorsement by Principal. 1. An attorney to whom a note is sent for collection has, prima facie, no authority to indorse the same in the name,of his client, and the purchaser should inquire as to the extent of the attorney’s authority. 2. In such case the acquiescence by the client in such indorsement, supposing it to have been a mere sale of the note, does not constitute a ratification of the unauthorized indorsement.