Legal Opinion

St. John & Marsh Co. v. Cornwell

Supreme Court of Kansas

Decided January 15, 1894PublishedCited by 3 opinions

Error from Stafford District Court. This action was brought by the plaintiff in error to recover the sum of $115.66, which it claimed was due it as a balance on account for lumber and building materials sold to the defendant.

Read the full summary

Error from Stafford District Court. This action was brought by the plaintiff in error to recover the sum of $115.66, which it claimed was due it as a balance on account for lumber and building materials sold to the defendant. The case was submitted to the trial court on an agreed statement of facts, from which it appears that the plaintiff is a corporation; that it sold to the defendant lumber as alleged in the petition, and that the plaintiff’s account thereof is correct; but that the defendant claims credit on account of having boarded one Catlin, who was the agent of the plaintiff, in…

1Opinion of the Court

The opinion of the court was delivered by

AlleN, J.:

*716!• of agenté *715The main question presented for our consideration in this case is whether the agent of a foreign corporation having general charge of a lumber yard located in this state, with authority to collect accounts due it, may, by entering into a contract for his personal board with a person indebted to the company, bind his employer to the extent of its claim. It appears that Cornwell was indebted to the plaintiff at the time Catlin contracted for his board. Catlin agreed that Cornwell should have credit on the account with the amount of…

2Cases cited7 opinions

  1. Bohart, Dillingham & Co. v. Oberne, Hosick & Co.Supreme Court of Kansas · 1887
  2. Reynolds v. FerreeIllinois Supreme Court · 1877
  3. Rhine v. Blake & JenkinsTexas Supreme Court · 1883
  4. Deatherage & Ewart v. HendersonSupreme Court of Kansas · 1890
  5. Williams v. . JohnstonSupreme Court of North Carolina · 1885

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Wees v. PageWashington Supreme Court · 1907
  2. Union Pacific Town-Site Co. v. PageSupreme Court of Kansas · 1894
  3. Pierson v. Kingman Milling Co.Supreme Court of Kansas · 1914

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API