Attaway v. James

Decided November 15, 1824

Supreme Court of South Carolina · decided 1824-11-15

Isaac Attaway, the brother of the defendant, was indebted to Wm. Dendv, the plaintiff’s intestate, in the sum of $ 65 6£ by book account. After contracting the account, he removed to the state of Alabama, where he resided one or two years. Having returned to this state, he deposited some money in the hands of his brother, the defendant, for the purpose of settling his debts, on the best terms he could.

Decided 1824-11-15

¶1The opinion of the Court ivas delivered by

Mr. Justice Richardson.

¶2Thoughout 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.