Mangum v. Ball

Citations

• 43 Miss. 288

Syllabus

<p>1. Payment — Evidence—Peovince oe Louies. — On the trial of an action of assumpsit on a promissory note, upon an issue of payment, proof that the defendant had offered, after the date of the alleged payment, to pay the whole amount of the note without referring to the alleged paymont, is a fact proper to go to, and be judged of, by the jury, but is not conclusive against the plea of paymont.</p> <p>2. Coneedebate Money — Agency—Discretion—Liability oe Agents. — Where during tho years 1861-2, a principal placed in the hands of his agent, for collection, a number of notes and drafts, by their terms payable in United States currency, with no instructions as to the currency in whieh the collections were to be made, but leaving the agent to “ exercise his discretion as to tho procedure ” to be taken “ to enforce payment;” and, thereupon, the agent accepted Confederate currency in payment, and surrendered the notes and drafts to the debtors. Held: That the action of the agent was wrongful as to his principal — being without authority, actual or presumed — and that he is liable to pay to his principal the full amount of the notes and drafts in United States curroncy. And this, although Confederate money was, at the time and place of the payment, the only currency in circulation.</p> <p>3. Attorney at Law — Responsibility oe. — Dictum: That whenever an attorney at law disobeys the lawful instructions of his client, and loss thereby ensues, he is responsible for such loss. 5 Mass., 57.</p> <p>i. Agency — Reciprocity oe Liabilities — Set-oef—Practice.—Against an agent for receiving depreciated funds contrary to, or without instructions, the proper remedy is assumpsit for money had and received. And, therefore, the claim of the principal in such case may be pleaded as a set-off or payment against assumpsit on a promissory note.</p> <p>5. Peincipai, and Agent — Pbesdmetions Aeeecting -their Relation to Each Otheb. — la the absence of any understanding between the principal a