Leisse v. Schwartz
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. To establish an agency of the husband on behalf of his wife, the evidence must be cogent and strong, and more satisfactory than would be required between persons occupying different positions. — Fystra v. Gappelle, 61 Mo. 578; Garnett v. Berry, 3 Mo.
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Appeal from St. Louis Circuit Court. To establish an agency of the husband on behalf of his wife, the evidence must be cogent and strong, and more satisfactory than would be required between persons occupying different positions. — Fystra v. Gappelle, 61 Mo. 578; Garnett v. Berry, 3 Mo. App. 197 ; McCarty v. Garter, 49 111. 53 ; Baxter v. Hutchings, 49 111. 116 ; Spinning v. Blackburn, 13 Ohio St. 13J. The relation of principal and agent arises when the husband uses his wife’s property with her consent. —Patten v. Patten, 14 Am. L. Reg. (n. s.) 733 ; Schwartz v. Saunders, 46 111. 18; Fowler…
1Opinion of the CourtLewis, P. J.
Plaintiff sues to establish a mechanic’s lien for lumber furnished to defendants Middendorf and Spieler, original contractors, for erecting a dwelling and other improvements on the contiguous lots belonging to defendant Doris *414Schwartz, whose husband, William Schwartz, is joined with her in the defence. The evidence was taken before a referee, whose findings were for the plaintiff on all the issues presented, and on whose report a general judgment was rendered against the contractors, and a special judgment, as prayed, against the lots of Doris Schwartz, as described in the petition. Mrs.…
2Cases cited1 opinion
- Garnett v. BerryMissouri Court of Appeals · 1876
3Cited by7 opinions
- McDermott v. ClaasSupreme Court of Missouri · 1890
- McAdow v. SturtevantMissouri Court of Appeals · 1890
- Crane Co. v. Epworth Hotel Construction & Real Estate Co.Missouri Court of Appeals · 1906
- Carthage Marble & White-Lime Co. v. BaumanMissouri Court of Appeals · 1891
- Milligan v. AlexanderWest Virginia Supreme Court · 1913
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