Attaway v. James

Supreme Court of South Carolina

Attaway v. James

16 S.C.L. 438

DecidedNovember 15, 1824

StatusPublished

This text of 16 S.C.L. 438 (Attaway v. James) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Attaway v. James, 16 S.C.L. 438 (S.C. 1824).

Pincite

Opinion

The opinion of the Court ivas delivered by

Mr. Justice Richardson.

Thoughout the transaction, the defendant acted as the agent of Jsaac Attaway, in order to settle his debts in the best way he could; and although the plaintiff may, on account of the misrepresentation made by the agent, if any there was, still recover the balance of his debt against Jsaac Attaway, yet there-is no sufficient ground for substituting-the agent for theprincipai and making him the debtor, when he has received nothing from either party; but simply executed his commission in paying as he had been directed. The motion is therefore granted.

Colcock, JYott, Huger and Johnson, Justices, concurred.

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The opinion of the Court ivas delivered by

Mr. Justice Richardson.

Thoughout the transaction, the defendant acted as the agent of Jsaac Attaway, in order to settle his debts in the best way he could; and although the plaintiff may, on account of the misrepresentation made by the agent, if any there was, still recover the balance of his debt against Jsaac Attaway, yet there-is no sufficient ground for substituting-the agent for theprincipai and making him the debtor, when he has received nothing from either party; but simply executed his commission in paying as he had been directed. The motion is therefore granted.

Colcock, JYott, Huger and Johnson, Justices, concurred.

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Bluebook (online)

16 S.C.L. 438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attaway-v-james-sc-1824.