Gibson v. Zeibig
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Amos M. Thayeb, Judge. The employment of a salesman to sell goods by sample and on credit, he not being intrusted with the possession of the goods, gives no authority to such salesman to collect payment for the goods so sold. Chambers v. Short, 79 Mo. 204 ; Butler v. Dorman, 68 Mo. 298 ; Seiple v. Irwin, 30 Pa.
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Appeal from the St. Louis Circuit Court, Amos M. Thayeb, Judge. The employment of a salesman to sell goods by sample and on credit, he not being intrusted with the possession of the goods, gives no authority to such salesman to collect payment for the goods so sold. Chambers v. Short, 79 Mo. 204 ; Butler v. Dorman, 68 Mo. 298 ; Seiple v. Irwin, 30 Pa. St. 513; Law v. Stokes, 32 N. J. 249; Clark v. Smith, 88 111. 298; Kormnan v. Monaghan, 24 Mich. 36; McKindly v. Dunham, 55 Wis. 515. It doubtless is true that an agency and authority may be inferred from the previous course of dealing between…
1Opinion of the CourtThompson, J.
This was an action upon a merchant’s account. The answer is a plea of payment. The evidence showed payment to one Fleischer, who was the agent of the plaintiffs at St. Louis to sell their goods by sample, and who sold these particular goods to the defendant, after-wards collected the price agreed tobe paid for them, less the discount, gave to the defendant a receipt in full, signed by himself as the plaintiff’s agent, and then pocketed the money and absconded. The only question in dispute was whether Fleischer had authority from the plaintiffs to collect this bill.
*67I. Against the objection of…
2Cases cited10 opinions
- Edwards v. ThomasSupreme Court of Missouri · 1877
- Brown v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
- State v. BarhamSupreme Court of Missouri · 1884
- Brooks v. JamesonSupreme Court of Missouri · 1874
- Greeley-Burnham Grocer Co. v. CapenMissouri Court of Appeals · 1886
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3Cited by14 opinions
- Sharp v. KnoxMissouri Court of Appeals · 1892
- Dawson v. WomblesMissouri Court of Appeals · 1905
- Hefferman v. BotelerMissouri Court of Appeals · 1901
- R. L. McDonald & Co. v. Cash & HaindsMissouri Court of Appeals · 1891
- Ferneau v. WhitfordMissouri Court of Appeals · 1890
9 more not listed; retrieve them via the Exa API.