The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-03-07

When agent violates his obligation his principal by
exc edIng his suhods he must INDEMNITY his principal
ge the injury sustained BY the unauhoized act and
where no injury has been sustained by the principal the
an account rendered by ia tor to his principal and
acqnessed in there is mol hing illega! in cha ging sub
quenv interest on such baance Of which anterior in
terest orme a component part.
A LEDoUx Co. Us. AARON GozA.....9ppeaL from
the Tenth Judciai District Court Parish Of tarrou..
No 1896 SLIDELL, Per curiam The principal sub
Iect of controversy this loss upon quantity of
cotton which the defendant, planter consigned to the
plaintiffs his factors. The plaintiffs sold per
pound but on delivery found to be and damaged
and the purchaser refused keep The pressmen with
whom it deposited by the plaintiffs paid them sum in
compromise The plaintiffs credited this amount in account
with defendant also the nett proceeds of subsequent sale
at reduced price, The defendant before suit d pu,ed the
correctness OF plaintiff account presented only with
gard 10 the oss upon the damaged cotton insisting that the
plaintiffs should have given him an additional credit,
the amount receiver from the presmen equivalent TO the
amount OF the cotton at nine cents.
We cannot adopt the position assumed by the defendant
in his ant by his counsel in Argument that
it mmateia whether the damage from he plain.
tiff. negligence or hat of the IL general
rule many mod fed by the usages Of trade where
the interests of the employer and reasonable
tie custody OF The to be de egaed nother
Where the OF the business Iequ the employ ment of
sub agent the agent NOT ordinarily RESPONSIBLE for the
reasonable digen in bis choice. Here necessary
cotton press, to be taken of and thee was not
wan OF due care on the part OF the plaut in the selection
fore the damage was found TO he done
lt is fully proved that the cotton arrived New Orleans in
good order The pressmen commended that wet be.
fore arrived at the and could be housed to such
degree that they could not house for OF
combustion. The evidence appears that
and TO excuse the hut does justify
OF other precautions which, 1t proved might still have
been taken aud have prevented the damage from be ng
great occurred We then the pressmen
did incur liability to the defendant.
The plaintiffs have shown authority to make compro.
mise with the pressmen; and be conceded that in do
Ing so without consulting their pal they eded their
powers and made themselves answerabe him. The law
clear that when agent violates his obligation TO his pn
cpa by exceeding his authority he must indemnify his pin
cpa il injurious consequences result he defendant
" will take the $500 received om the pre-. smeu but
hold for the that yol ought have got from
and have thrown away by the compromise Now, the
lied act and hs involves the inquiry whether under
dence that the press could held
liable To- greater amount Upon comparing the Price for
which the damaged cotton sold with the standard of the
first sale assuming The weights of the unpjued bales of the
same LOT far average, and making allowance for
OF the damage a attrbu able table accident
by the weather during from the press
etc. feel bound to adopt the conclusion of the District
Judge and hold the not injurious to the principal
The answer OF the defendant sets up usury.
When balance Is struck and account rendered by
factor TO his pnncpa and acquiesced there nothing
Illegal charging subs. quenty interest such balance
OF which anterior interest formed component part.
There item of $19 So charged for interest in the &C
count rendered on the 3Jth June. 84 We allow
interest the whole balance struck that day which
acquiesce in that account when rendered to him.
In the account sued upon there claim OF $2 80
commission OF Two and half cent for cash advance to
which the defendant objects and which be saowed.
We cannot the account rendered in Nav 1870 I'm
der he evidence the defendant be considered hav
ing approved that account and sanctioned the payment
made tine 6ay of It's rendition by the transfer to his edit
OF the balance due by G; w. Coca Il Co.
Court be reversed and that the plaintiff recover of the de-
fendant the of q 046 g. with interest the of
sSl0 % from the 10th of June. ls4l, mt, The lAh July,