Amison v. Ewing
| Decision Date | 31 December 1865 |
| Citation | 42 Tenn. 366 |
| Court | Tennessee Supreme Court |
| Parties | AMISON & DOVEY v. JOHN O. EWING. |
OPINION TEXT STARTS HERE
FROM DAVIDSON.
Upon demurrer, Judge M. M. BRIEN, Sr., at the May term, 1865, dismissed the plaintiffs' action. From which they appealed.
M. M. BRIEN, Jr., for plaintiffs in error.
EDWARD H. EAST, for defendant in error.
This is an action of trespass on the case, brought by Amison & Dovey, for the use of J. G. Fisher & Co., in the circuit court of Davidson, against John O. Ewing, to hold him individually liable upon his acceptance, indorsed upon three different orders, which are properly described in the declaration, and constitute the foundation of this action. To the declaration there is a demurrer, setting out on oyer, the several orders, with the indorsements thereon, and assigning as cause of demurrer, that the defendant did not become liable to pay the several sums mentioned in the orders, sued upon in his individual right; but that the Nashville & Northwestern Railroad Company, of which he was treasurer at the time?? are responsible for the same.
The court below sustained the demurrer, from which the plaintiffs appealed to this court.
The orders are all drawn payable to Amison & Dovey, and by them indorsed to J. G. Fisher & Co. The language of these orders, except as to amounts, dates, and the names of the drawers, are as follows, viz.:
“NASHVILLE, April 18, 1861.
Mr. John O. Ewing: Pay to the order of Amison & Dovey, ninety dollars, on or before the 22d of this month.
J. H. MCADOO.”
The other two orders, differing only in amounts, dates, and the names of the drawer, are in the following language, viz.:
“NASHVILLE, April 6, 1861.
JOHN O. EWING,
Treasurer of the N. & N. W. Railroad Company: Pay to Amison & Dovey, two hundred and fifty-five dollars, and charge to February estimates.
JOHN SMITH & CO.”
The language of the defendant's acceptance, indorsed on all the orders, are in these words, viz.:
“Accepted, payable on return of March estimates.
JOHN O. EWING, Treas.”
Under this state of facts, the only question arising on the record is whether or not the defendant is individually liable on his acceptances? And we think he is not. He acted in the character of a public agent; and the law is well settled in this state, by our own adjudications, as well as upon principles of common law, that a public agent is not individually liable, on contracts or undertakings made by him within the scope...
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Cackowski v. Drake
...v. Layne, 26 F.3d 39, 43 (6th Cir. 1994) (citing Anderson v. Durbin, 740 S.W.2d 417, 418 (Tenn. Ct. App. 1987)); see Amison v. Ewing, 42 Tenn. 366, 368 (1865) (An agent may "withhold his agency from the person with whom he deals, so as thereby to make himself personally responsible."). In o......
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