Humphreys v. Wilson

Citations

• 43 Miss. 328

Syllabus

<p>1. Assumpsit on Unstamped Note__In an action of assumpsit, with one count on notes not stamped according to the United States revenue laws, and another upon an account for the original consideration of the notes, if the notes be held inadmissible as evidence, the plaintiff may recover for goods sold on account.</p> <p>2. Asency — How Cheated, and how Pboved. — An agent may be constituted by sealed writing, by “parol words,” or by acts and implication; except that if the act to-be done by the agent is to be under seal.</p> <p>3. Same — Peovinoe oe Juby to Decide. — In a case turning upon the question of agency, and there is a conflict of testimony upon the fact, the jury must decide it upon the weight of evidence. And it must be a very olear case in which the verdict of the jury will be set aside.</p>