Lakeside Press & Photo-Engraving Co. v. Campbell

Citations

• 39 Fla. 523

Syllabus

<p>1. If irrelevant or immaterial testimony be given in answer to a proper interrogatory, the appropriate remedy is by motion to strike the testimony, and not by objections to the interrogatory.</p> <p>3. The burden of proof is upon a defendant pleading payment to sustain such plea by a preponderance of evidence.</p> <p>3. An agent employed by his principal “as traveling salesman and soliciting work and orders of all kinds and descriptions” done by the principal in the line of its business, all orders to be subject to the principal’s acceptance, who has no express authority to make collections for his principal, and who has not been held out by the principal as possessing such authority, has no implied power to collect the amount due his principal for printed circulars for which the agent takes and forwards an order addressed to his principal, and which are subsequently delivered by a carrier, and not by the agent.</p> <p>4. An agent’s declarations are insufficient to establish the extent of his authority, in the absence of evidence that such declarations were known to, and acquiesced in, or ratified, by his principal.</p> <p>5. Payment to an agent to be binding upon the principal must be made to an agent having express or implied authority to collect, or who has been held out to the debtor or the public by his principal as possessing authority to make collections. Payment to any other agent, under the bona fide belief that such other agent has authority to collect, will not bind the principal, in the absence of a ratification of such payment by the principal.</p>