Legal Opinion

Tillman v. Bungenstock

Missouri Court of Appeals

Decided December 24, 1914PublishedCited by 6 opinions

Appeal from Atchison: Circuit Court. — Hon. Wm. G. Ellison, Judge. (1) Parties necessary to settlement of controversy may be made defendants. Sec. 1732, R. S. 1909. (2) Attornment to stranger is void, except in certain cases. Sec. 7885, R. S. 1909. (3) The rule is general that an agent who discloses the name of his principal to the person with whom he is dealing, incurs no personal responsibility to such persons on account of the transaction. Martin v. Allen, 125 Mo.

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Appeal from Atchison: Circuit Court. — Hon. Wm. G. Ellison, Judge. (1) Parties necessary to settlement of controversy may be made defendants. Sec. 1732, R. S. 1909. (2) Attornment to stranger is void, except in certain cases. Sec. 7885, R. S. 1909. (3) The rule is general that an agent who discloses the name of his principal to the person with whom he is dealing, incurs no personal responsibility to such persons on account of the transaction. Martin v. Allen, 125 Mo. App. 641, (1) Where a jury is waived, and the cause is submitted to the trial court without any declaration of law being ashed…

1Opinion of the CourtEllison, P. J.

Plaintiff’s action is money claimed to belong to him as the proceeds of sale of rent corn. He recovered judgment in the trial court.

One Robinson, a non-resident, owned some farm land in Atchison county and, through his agent Cock-burn, rented it to one Morrow for one-third of the crop. Coelcbum himself did not live in Atchison county, his residence being in St. Joseph, Missouri, and he engaged the defendant to keep an oversight of the leased premises and to sell the rent crop when it matured. In the month of August, during the tenancy of Morrow and while the crop (corn’) was yet not matured,…

2Cases cited10 opinions

  1. Hayden v. BurkemperSupreme Court of Missouri · 1890
  2. Reed v. SwanSupreme Court of Missouri · 1896
  3. Salmon v. FewellMissouri Court of Appeals · 1885
  4. Stevenson v. HancockSupreme Court of Missouri · 1880
  5. Fischer v. JohnsonMissouri Court of Appeals · 1892

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3Cited by6 opinions

  1. Farmers Ins. Exchange v. ZerinCalifornia Court of Appeal · 1997
  2. McCafferty v. GilbankCalifornia Court of Appeal · 1967
  3. Springfield Land & Development Co. v. BassMissouri Court of Appeals · 2001
  4. Miller v. RauCalifornia Court of Appeal · 1963
  5. United States v. JohnsonCourt of Appeals for the Eighth Circuit · 1938

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