Price v. Chicago, Milwaukee & St. Paul Railroad
Missouri Court of Appeals
Appeal from the Clay Circuit Court.— Hon. J. M. Sandusky, Judge. (1) The collection by plaintiff from Gibbs of a portion of the check discharged defendant from any liability. Mundorf v. WicJcersham, 63 Pa. St. 87; Elwell v. Chamberlin, 31 N. Y. 611; Davis v. Erum, 12 Mo.
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Appeal from the Clay Circuit Court.— Hon. J. M. Sandusky, Judge. (1) The collection by plaintiff from Gibbs of a portion of the check discharged defendant from any liability. Mundorf v. WicJcersham, 63 Pa. St. 87; Elwell v. Chamberlin, 31 N. Y. 611; Davis v. Erum, 12 Mo. App. 279 ; Norton v. Bull, 43 Mo. 113 ; Watson v. Bigelow, 47 Mo. 413; Wharton on Agency, sec. 72. Our first proposition can be sustained upon the theory that Price could elect either to pursue the fund or hold the railroad, and having received a benefit from the fund is estopped from claiming that the payment to Gibbs was…
1Opinion of the CourtEllison, J.
Plaintiff sued defendant on an account for goods sold and delivered. He recovered below and defendant appealed. It appears that plaintiff was a grocery merchant, and' that one Gibbs was a boardinghouse keeper, who boarded section hands in the employ of defendant, and that one Kelly was section foreman. It was “admitted by defendant that section foreman Kelly had authority from defendant to make necessary arrangements and contracts with merchants, on defendant’s account, for provisions for the men working under said foreman’s control on defendant’s road.” Plaintiff furnished goods to Gibbs and…
2Cases cited4 opinions
- Carson v. CummingsSupreme Court of Missouri · 1879
- Sumner v. RogersSupreme Court of Missouri · 1886
- Bugbee v. KendrickenMassachusetts Supreme Judicial Court · 1881
- Rottman v. FixMissouri Court of Appeals · 1887
3Cited by4 opinions
- Swarens v. PfniselSupreme Court of Missouri · 1930
- Taussig v. GlennCourt of Appeals for the Eighth Circuit · 1892
- Waggoner v. DavidsonMissouri Court of Appeals · 1915
- Frissell v. WilliamsMissouri Court of Appeals · 1901