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21 Tenn. 350

Rigs v. Cage

Tennessee Supreme Court

Decided April 15, 1841

Tennessee Supreme Court · decided 1841-04-15

' William Cage and Marcus Cage were merchants and partners in trade in Lagrange, Tennessee. They constituted Bledsoe their .agent to purchase goods for them in Philadelphia. Wiliam Cage died about the middle of August, 1836. Before a knowledge of this event reached Bledsoe, he had purchased of Rigs, Aertson & Son, merchants and partners in Philadelphia, goods, wares and merchandise of the value of $425.

Decided 1841-04-15

Green, J.

¶1delivered the opinion of the court.

¶2The only question in this case is, do the acts of an agent performed after the death of the principal, in pursuance of authority previously given, and in ignorance of the death of the principal, bind the representative of the latter?,

¶3The general principal of the common law is, that an authority conferred by letter of attorney, must be executed during the life of the principal. 1 Bac. Ab. Tit. Authority E. The death of the principal is an instantaneous and absolute revocation of the authority of the agent, unless the power be coupled with an interest. 2 Kent’s Com. 645.

¶4In this case, William Cage, the defendant’s intestate, was dead when the goods were purchased in Philadelphia by Bledsoe the agent. They have never come into the hands of the administrator, but were received by the surviving partner and appropriated by him. Let the judgment be affirmed. ■"'’LL'

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