Union School Furniture Co. v. Mason

Citations

• 3 S.D. 147
• 52 N.W. 671
• 1892 S.D. LEXIS 50

Syllabus

<p>1. The account books of a commercial bouse, presumably kept in tbe usual way, afford some evidence of tbe nonpayment of a claim, where no credit or evidence of payment appears on such books.</p> <p>2. An agent to make collections is not authorized to accept in payment of his principal’s' claim an account against himself, and so doing does, not bind his principal.</p> <p>3. Where it is claimed that the amount so attempted to be adjusted was afterwards fully accounted for and paid to his principal by such agent, by the transfer of school bonds or other property, it should affirmatively appear thai such bonds or property were transferred under such circumstances as would either justify the jury in finding that the transfer was intended in fact as a payment, or the court in holding that the legal effect of such transfer was a payment. jjWrf. that, under the evidence in this case, the trial court was not justified in directing a verdict for the defendant.</p> <p>(Syllabus by the Court.</p>