What is the test for determining whether an agency can be held liable in an action for non-delivery of coupons?

The plaintiffs cite the case of Branch v. Levy, 46 Super. Ct. 428, as upholding the rule laid down by the trial court. The plaintiffs there brought an action to recover damages from defendants for the non-delivery of coupons bought from the defendants' agent, as plaintiffs claimed; but defendants denied the agency, and alleged they had sold the coupons to the person who plaintiffs alleged was their agent, and had no liability for his subsequent acts. On the trial the plaintiffs sustained their claim prima facie by certain letters and circumstances which, as the court said, in the absence of explanation by defendants, made a question for the jury. The plaintiffs then, for some inexplicable reason, called one of the defendants, who swore that the person selling the bonds to the plaintiffs was not the agent of the defendants, but