Cox v. Adelsdorf

• Decision Date: 09 June 1899
• Citation: 51 S.W. 616
• Parties: COX v. ADELSDORF et al. [1]
• Court: Kentucky Court of Appeals

51 S.W. 616

COX v. ADELSDORF et al. ^[1]

Court of Appeals of Kentucky.

June 9, 1899

Appeal from circuit court, Graves county.

"Not to be officially reported."

Action by Adelsdorf, Bobbitt & Co. against B. Cox on an account. Judgment for plaintiffs, and defendant appeals. Affirmed.

W. W Robertson, for appellant.

Robbins & Thomas, for appellees.

HOBSON J.

Appellant a merchant of Mayfield, Ky. fell in debt to appellees, who were wholesale merchants in Baltimore, Md., and while so indebted he made an assignment for the benefit of his creditors. Appellees then sent the claim, through a commercial agency, to R. O. Hester, an attorney, for collection. He accepted 50 cents on the dollar in full settlement; but appellees refused to accept the money, on the ground that Hester was not authorized to make the settlement and that they were unwilling to accept so little for the debt. The court below, to whom the case was submitted on the law and facts, found that Hester had no authority to make the settlement, and gave judgment for the debt. The correctness of this finding is the only question on the appeal.

It is perfectly clear from the evidence that appellees conferred no authority on either the commercial agency or on Hester to compromise the claim. The contention is that the commercial agency conferred this authority on Hester, and that the presumption must be in favor of their authority. But, from the original letters which are given in the transcript, it seems to us that the conclusion of the circuit court was undoubtedly correct. The letter of October 19th, from the commercial agency to Hester, which is relied on as conferring this authority, concludes as follows: "Let us know what you think of the settlement, which the clients now tell us they are not disposed to accept; and also let us know what you think of the chances of getting more, or of getting, say a fifty per cent. cash settlement. Please advise us, and write us as fully as possible." This was distinctly a request for information, and not an authority to the attorney to make any settlement. In the next letter, of October 29th after saying that the clients declined the proposed settlement, they add: "Let us know what you can do in the way of a cash settlement or better terms. Please acknowledge receipt of the notes, and let us have a report as soon as possible." In the last letter, of November 3d, they say: "We have not been able to...