Hill v. Morris
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Lubke, J. The sub-agent can not sue the principal. He must look to the agent who employs him, and that agent must look to the principal. — Trafton v. United States, 4 Story, 653 ; Corbett v. Schumacher, 83 111. 403 ; Hoover v. Wise, 91 U. S. 311. To hold the principal to payment, the element of privity of contract between the principal and sub-agent should appear.
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Appeal from the St. Louis Circuit Court, Lubke, J. The sub-agent can not sue the principal. He must look to the agent who employs him, and that agent must look to the principal. — Trafton v. United States, 4 Story, 653 ; Corbett v. Schumacher, 83 111. 403 ; Hoover v. Wise, 91 U. S. 311. To hold the principal to payment, the element of privity of contract between the principal and sub-agent should appear. Acts of recognition and the acceptance of services on the part of the principal do not necessarily tend to prove ratification. — Homan v. Brooklyn Life Ins. Co., 7 Mo. App. 22 ; Cocieran v.…
1Opinion of the CourtThompson, J.
This was an action for losses, including commissions and telegrams, upon a transaction whereby five hundred barrels of pork were sold for the account of the defendants on the Chicago Board of Trade, under circumstances hereafter stated. There was a verdict and judgment for the plaintiff.
As to the parties to the action. The action was originally brought by Melville S. Nichols and George Nichols, of Chicago, jointly with Ewing Hill, of St. Louis. Subsequently, Melville S. Nichols assigned the cause of action to Hill; the. latter was substituted sole plaintiff by consent of the defendants, and…
2Cases cited3 opinions
- Hoover v. WiseSupreme Court of the United States · 1876
- Corbett v. SchumackerIllinois Supreme Court · 1876
- Homan v. Brooklyn Life InsuranceMissouri Court of Appeals · 1879
3Cited by5 opinions
- Hill v. MorrisMissouri Court of Appeals · 1886
- Large v. Frick Co.Missouri Court of Appeals · 1923
- Hanback v. CorriganCourt of Appeals of Kansas · 1898
- Milligan & Son v. Ala. Fertilizer Co.Supreme Court of Alabama · 1889
- Mussey v. VanstoneMissouri Court of Appeals · 1900