Welch v. Clifton Mfg. Co.

Citations

• 55 S.C. 568
• 33 S.E. 739
• 1899 S.C. LEXIS 140

Syllabus

<p>1. Evidence as to purchases of cotton for defendant not hearsay, but relevant under issue of agency.</p> <p>2. Ibid. — -Principal and Agent — Agency.—General agency may be shown by acts of agent permitted from year to year, which are inconsistent with a special or limited agency.</p> <p>3. Ibid. — Letters complained of as inadmissible, held competent under the issues in this case.</p> <p>4. Ibid. — Any opinion of defendant as to what would have been done if he had known certain facts, is incompetent under issues here.</p> <p>5. Ibid. — Testimony on an immaterial 'matter cannot affect issues in a cause.</p> <p>6. Ibid. — Witness—-Cross-Examination.—Party refusing to pay one check sued on, may on cross-examination be asked why he refused to pay others, and as to the drawing of them.</p> <p>7. Ibid. — Principal and Agent. — Testimony as to agent of defendant using principal’s money in speculating in cotton, is not relevant to the issues here.</p> <p>8. Charge — Ibid.—Illustration used in charge, in connection with other portions of charge as to agency, fully covers the law thereof.</p> <p>9. Ibid. — -A proposition of law not applicable to any facts in the case, illustrated by a hypothetical statement of facts, is not -a charge on the facts.</p> <p>10. Evidence — -Principal and Agent. — When the limitations of an agent’s authority is to be derived from his dealings, the limitations are such as a person of ordinary character and prudence in business would have been warranted in believing to exist.</p> <p>11. Principal and Agent. — It seems that the retention by the principal of the cotton bought by the agent after knowledge of the facts, amounts to a ratification of the agent’s acts.</p> <p>12. Charge in which jury has been carefully instructed can not be destroyed by a little looseness of expression, from which, in connection with main charge, jury could not be misled.</p> <p>13. Charge as to degree of proof in civil and criminal cases held not to be injurious to app