apparent authority doctrine in Georgia

5 Georgia opinions name it 2 courts 1975–2014 0 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

Case	Followed	Cited
Commercial Credit Corp. v. Nolesgreen gactapp · 1952 · cited in 2 Georgia opinions naming this issue, 1975–1996 2 sentences 1996The roots of apparent authority can be found in the principle of estoppel: This doctrine of apparent authority “is based upon the principle that where one of two innocent parties must suffer from the wrongful act of another, the loss should fall upon the one who, by his conduct, created the circumstances which enabled the third party to perpetrate the wrong and cause the loss.” Commercial Credit Corp. v. Noles, 85 Ga. App. 392, 396 ( 69 SE2d 309 ) [1952]; Code § 37-113 [OCGA § 23-1-14]. 1996The roots of apparent authority can be found in the principle of estoppel: This doctrine of apparent authority “is based upon the principle that where one of two innocent parties must suffer from the wrongful act of another, the loss should fall upon the one who, by his conduct, created the circumstances which enabled the third party to perpetrate the wrong and cause the loss.” Commercial Credit Corp. v. Noles, 85 Ga. App. 392, 396 ( 69 SE2d 309 ) [1952]; Code § 37-113 [OCGA § 23-1-14].	2	2
Brady v. Sappingtongreen gactapp · 1930 · cited in 1 Georgia opinions naming this issue, 2014–2014 2 sentences 2014See OCGA § 10-6-50. 18 Addley, supra (citation omitted). 19 Wilen v. Murray, 292 Ga. App. 30, 32 (1) ( 663 SE2d 403 ) (2008). 20 See, e.g., Brady v. Sappington, 40 Ga. App. 781 ( 151 SE 525 ) (1930) (finding that “[t]he authority of a special agent will be construed to include all necessary and usual means for effectually executing it”). 21 Holcomb v. Evans, 176 Ga. App. 654, 655-656 (1) ( 337 SE2d 435 ) (1985) (citation and punctuation omitted). 22 Gosule v. Bestco, Inc., 227 Ga. App. 863, 864 (1) ( 490 SE2d 532 ) (1997) (citation and punctuation omitted). 23 Herron v. Interstate Life & Accid 2014See OCGA § 10-6-50. 18 Addley, supra (citation omitted). 19 Wilen v. Murray, 292 Ga. App. 30, 32 (1) ( 663 SE2d 403 ) (2008). 20 See, e.g., Brady v. Sappington, 40 Ga. App. 781 ( 151 SE 525 ) (1930) (finding that “[t]he authority of a special agent will be construed to include all necessary and usual means for effectually executing it”). 21 Holcomb v. Evans, 176 Ga. App. 654, 655-656 (1) ( 337 SE2d 435 ) (1985) (citation and punctuation omitted). 22 Gosule v. Bestco, Inc., 227 Ga. App. 863, 864 (1) ( 490 SE2d 532 ) (1997) (citation and punctuation omitted). 23 Herron v. Interstate Life & Accid	1	1
Herron v. Interstate Life & Accident Co.green gactapp · 1937 · cited in 1 Georgia opinions naming this issue, 2014–2014 2 sentences 2014See OCGA § 10-6-50. 18 Addley, supra (citation omitted). 19 Wilen v. Murray, 292 Ga. App. 30, 32 (1) ( 663 SE2d 403 ) (2008). 20 See, e.g., Brady v. Sappington, 40 Ga. App. 781 ( 151 SE 525 ) (1930) (finding that “[t]he authority of a special agent will be construed to include all necessary and usual means for effectually executing it”). 21 Holcomb v. Evans, 176 Ga. App. 654, 655-656 (1) ( 337 SE2d 435 ) (1985) (citation and punctuation omitted). 22 Gosule v. Bestco, Inc., 227 Ga. App. 863, 864 (1) ( 490 SE2d 532 ) (1997) (citation and punctuation omitted). 23 Herron v. Interstate Life & Accid 2014See OCGA § 10-6-50. 18 Addley, supra (citation omitted). 19 Wilen v. Murray, 292 Ga. App. 30, 32 (1) ( 663 SE2d 403 ) (2008). 20 See, e.g., Brady v. Sappington, 40 Ga. App. 781 ( 151 SE 525 ) (1930) (finding that “[t]he authority of a special agent will be construed to include all necessary and usual means for effectually executing it”). 21 Holcomb v. Evans, 176 Ga. App. 654, 655-656 (1) ( 337 SE2d 435 ) (1985) (citation and punctuation omitted). 22 Gosule v. Bestco, Inc., 227 Ga. App. 863, 864 (1) ( 490 SE2d 532 ) (1997) (citation and punctuation omitted). 23 Herron v. Interstate Life & Accid	1	1
Holcomb v. Evansgreen gactapp · 1985 · cited in 1 Georgia opinions naming this issue, 2014–2014 2 sentences 2014See OCGA § 10-6-50. 18 Addley, supra (citation omitted). 19 Wilen v. Murray, 292 Ga. App. 30, 32 (1) ( 663 SE2d 403 ) (2008). 20 See, e.g., Brady v. Sappington, 40 Ga. App. 781 ( 151 SE 525 ) (1930) (finding that “[t]he authority of a special agent will be construed to include all necessary and usual means for effectually executing it”). 21 Holcomb v. Evans, 176 Ga. App. 654, 655-656 (1) ( 337 SE2d 435 ) (1985) (citation and punctuation omitted). 22 Gosule v. Bestco, Inc., 227 Ga. App. 863, 864 (1) ( 490 SE2d 532 ) (1997) (citation and punctuation omitted). 23 Herron v. Interstate Life & Accid 2014See OCGA § 10-6-50. 18 Addley, supra (citation omitted). 19 Wilen v. Murray, 292 Ga. App. 30, 32 (1) ( 663 SE2d 403 ) (2008). 20 See, e.g., Brady v. Sappington, 40 Ga. App. 781 ( 151 SE 525 ) (1930) (finding that “[t]he authority of a special agent will be construed to include all necessary and usual means for effectually executing it”). 21 Holcomb v. Evans, 176 Ga. App. 654, 655-656 (1) ( 337 SE2d 435 ) (1985) (citation and punctuation omitted). 22 Gosule v. Bestco, Inc., 227 Ga. App. 863, 864 (1) ( 490 SE2d 532 ) (1997) (citation and punctuation omitted). 23 Herron v. Interstate Life & Accid	1	1
Wilen v. Murraygreen gactapp · 2008 · cited in 1 Georgia opinions naming this issue, 2014–2014 2 sentences 2014See OCGA § 10-6-50. 18 Addley, supra (citation omitted). 19 Wilen v. Murray, 292 Ga. App. 30, 32 (1) ( 663 SE2d 403 ) (2008). 20 See, e.g., Brady v. Sappington, 40 Ga. App. 781 ( 151 SE 525 ) (1930) (finding that “[t]he authority of a special agent will be construed to include all necessary and usual means for effectually executing it”). 21 Holcomb v. Evans, 176 Ga. App. 654, 655-656 (1) ( 337 SE2d 435 ) (1985) (citation and punctuation omitted). 22 Gosule v. Bestco, Inc., 227 Ga. App. 863, 864 (1) ( 490 SE2d 532 ) (1997) (citation and punctuation omitted). 23 Herron v. Interstate Life & Accid 2014See OCGA § 10-6-50. 18 Addley, supra (citation omitted). 19 Wilen v. Murray, 292 Ga. App. 30, 32 (1) ( 663 SE2d 403 ) (2008). 20 See, e.g., Brady v. Sappington, 40 Ga. App. 781 ( 151 SE 525 ) (1930) (finding that “[t]he authority of a special agent will be construed to include all necessary and usual means for effectually executing it”). 21 Holcomb v. Evans, 176 Ga. App. 654, 655-656 (1) ( 337 SE2d 435 ) (1985) (citation and punctuation omitted). 22 Gosule v. Bestco, Inc., 227 Ga. App. 863, 864 (1) ( 490 SE2d 532 ) (1997) (citation and punctuation omitted). 23 Herron v. Interstate Life & Accid	1	1
Gosule v. Bestco, Inc.green gactapp · 1997 · cited in 1 Georgia opinions naming this issue, 2014–2014 2 sentences 2014See OCGA § 10-6-50. 18 Addley, supra (citation omitted). 19 Wilen v. Murray, 292 Ga. App. 30, 32 (1) ( 663 SE2d 403 ) (2008). 20 See, e.g., Brady v. Sappington, 40 Ga. App. 781 ( 151 SE 525 ) (1930) (finding that “[t]he authority of a special agent will be construed to include all necessary and usual means for effectually executing it”). 21 Holcomb v. Evans, 176 Ga. App. 654, 655-656 (1) ( 337 SE2d 435 ) (1985) (citation and punctuation omitted). 22 Gosule v. Bestco, Inc., 227 Ga. App. 863, 864 (1) ( 490 SE2d 532 ) (1997) (citation and punctuation omitted). 23 Herron v. Interstate Life & Accid 2014See OCGA § 10-6-50. 18 Addley, supra (citation omitted). 19 Wilen v. Murray, 292 Ga. App. 30, 32 (1) ( 663 SE2d 403 ) (2008). 20 See, e.g., Brady v. Sappington, 40 Ga. App. 781 ( 151 SE 525 ) (1930) (finding that “[t]he authority of a special agent will be construed to include all necessary and usual means for effectually executing it”). 21 Holcomb v. Evans, 176 Ga. App. 654, 655-656 (1) ( 337 SE2d 435 ) (1985) (citation and punctuation omitted). 22 Gosule v. Bestco, Inc., 227 Ga. App. 863, 864 (1) ( 490 SE2d 532 ) (1997) (citation and punctuation omitted). 23 Herron v. Interstate Life & Accid	1	1
Ellis v. Fullergreen gactapp · 2006 · cited in 1 Georgia opinions naming this issue, 2008–2008 2 sentences 2008In sum, "[w]here the only evidence that a person is an agent of another party is the mere assumption that such agency existed, or an inference drawn from the actions of that person that he or she was an agent of another party, such evidence has no probative value and is insufficient to authorize a finding that such agency exists." (Citation, punctuation and footnote omitted.) Ellis v. Fuller, 282 Ga.App. 307, 309 (1), 638 S.E.2d 433 (2006). 2008In sum, "[w]here the only evidence that a person is an agent of another party is the mere assumption that such agency existed, or an inference drawn from the actions of that person that he or she was an agent of another party, such evidence has no probative value and is insufficient to authorize a finding that such agency exists." (Citation, punctuation and footnote omitted.) Ellis v. Fuller, 282 Ga.App. 307, 309 (1), 638 S.E.2d 433 (2006).	1	1
Turnipseed v. Jajegreen ga · 1996 · cited in 1 Georgia opinions naming this issue, 1997–1997 2 sentences 1997“This doctrine of apparent authority is based upon the principle that where one of two innocent parties must suffer from the wrongful act of another, the loss should fall upon the one who, by his conduct, created the circum 865 stances which enabled the third party to perpetrate the wrong and cause the loss.” (Punctuation omitted; emphasis supplied.) Turnipseed v. Jaje, 267 Ga. 320, 323 ( 477 SE2d 101 ) (1996). 1997“This doctrine of apparent authority is based upon the principle that where one of two innocent parties must suffer from the wrongful act of another, the loss should fall upon the one who, by his conduct, created the circum 865 stances which enabled the third party to perpetrate the wrong and cause the loss.” (Punctuation omitted; emphasis supplied.) Turnipseed v. Jaje, 267 Ga. 320, 323 ( 477 SE2d 101 ) (1996).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (2)

Case	Cited	Years
Germain Co. v. Bank of Camden County green gactapp · 1913 2 sentences 1975Thus, an estoppel is worked against the principal to deny that there was authority ( Germain Co. v. Bank of Camden County, 14 Ga. App. 88 , 80 SE 302 ) and the principal "will not be permitted to prove that the agent's authority was, in fact, less extensive than that with which he apparently was clothed." Commercial Credit Corp. v. Noles, 85 Ga. App. 392, 396 , supra. In order for this estoppel to occur it must appear that the third party dealt with the agent in reliance upon the authority which the principal has apparently conferred upon him ( Piedmont Operating Co. v. Cummings, 40 Ga. App. 3 1975Thus, an estoppel is worked against the principal to deny that there was authority ( Germain Co. v. Bank of Camden County, 14 Ga. App. 88 , 80 SE 302 ) and the principal "will not be permitted to prove that the agent's authority was, in fact, less extensive than that with which he apparently was clothed." Commercial Credit Corp. v. Noles, 85 Ga. App. 392, 396 , supra. In order for this estoppel to occur it must appear that the third party dealt with the agent in reliance upon the authority which the principal has apparently conferred upon him ( Piedmont Operating Co. v. Cummings, 40 Ga. App. 3	1	1975–1975
Piedmont Operating Co. v. Cummings green gactapp · 1929 2 sentences 1975Thus, an estoppel is worked against the principal to deny that there was authority ( Germain Co. v. Bank of Camden County, 14 Ga. App. 88 , 80 SE 302 ) and the principal "will not be permitted to prove that the agent's authority was, in fact, less extensive than that with which he apparently was clothed." Commercial Credit Corp. v. Noles, 85 Ga. App. 392, 396 , supra. In order for this estoppel to occur it must appear that the third party dealt with the agent in reliance upon the authority which the principal has apparently conferred upon him ( Piedmont Operating Co. v. Cummings, 40 Ga. App. 3 1975Thus, an estoppel is worked against the principal to deny that there was authority ( Germain Co. v. Bank of Camden County, 14 Ga. App. 88 , 80 SE 302 ) and the principal "will not be permitted to prove that the agent's authority was, in fact, less extensive than that with which he apparently was clothed." Commercial Credit Corp. v. Noles, 85 Ga. App. 392, 396 , supra. In order for this estoppel to occur it must appear that the third party dealt with the agent in reliance upon the authority which the principal has apparently conferred upon him ( Piedmont Operating Co. v. Cummings, 40 Ga. App. 3	1	1975–1975

Where else courts name it

IL 88 (1981–2026) TX 34 (1916–2021) LA 25 (1976–2022) CT 24 (1987–2019) PA 22 (1973–2026) IN 17 (1989–2020) OH 15 (1996–2026) CO 13 (1984–2022) NY 12 (1991–2023) MA 12 (1981–2025) NJ 10 (1993–2021) WA 9 (1989–2012) ID 9 (1992–2016) NC 9 (1978–2016) WI 9 (1988–2020) VA 8 (1983–2026) KS 7 (1992–2013) FL 7 (1971–2008) UT 6 (1993–2021) AL 6 (1973–2016) NV 5 (2018–2018) GA 5 (1975–2014) IA 5 (2016–2016) MO 5 (1907–2023) OR 5 (1993–2016) MD 4 (1954–2013) MN 4 (2008–2016) SC 4 (1997–2025) VT 4 (1998–2004) NM 3 (2004–2017) CA 3 (2006–2014) WV 3 (1977–2004) MI 3 (2001–2025) NE 3 (1930–1972) NH 3 (1988–2007) AK 2 (1987–2012) ME 2 (1986–2018) DC 2 (1999–2019) TN 2 (2001–2008) AZ 2 (2015–2015) MT 2 (2000–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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