Connell v. McLoughlin
Oregon Supreme Court
Appeal from Multnomah: Hartwell Hurley, Judge. This is an action by Samuel Connell against Martha E. McLoughlin to recover upon a promissory note alleged to have been executed by an agent of the defendant.
Read the full summary
Appeal from Multnomah: Hartwell Hurley, Judge. This is an action by Samuel Connell against Martha E. McLoughlin to recover upon a promissory note alleged to have been executed by an agent of the defendant. The facts are that one E. McLoughlin, being the lessee of certain premises in the City of Portland, owned a building thereon in which he operated a sash and door factory under the firm name and style of the Portland Door and Lumber Company; that on June seventh, eighteen hundred and ninety-three, for the expressed consideration of seven thousand dollars, he ex? ecuted a bill of sale to his…
1Opinion of the Court
*232Opinion by
Mr. Justice Moore.
1. It is contended that the plaintiff failed to introduce any evidence tending to show McLoughlin’s authority to execute the note for the defendant, and that the court therefore erred in denying the motion for a nonsuit. The existence of an agent’s authority depends upon the intention of his principal, and is purely a question of fact: Glenn v. Savage, 14 Or. 567 (13 Pac. 442).
2. If there be any dispute as to the fact in issue, it is clearly a question for the jury; or, if there be no dispute as to the facts, but there may reasonably be a difference of opinion as…
2Cases cited15 opinions
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Life & Fire Insurance v. Mechanic Fire InsuranceNew York Supreme Court · 1831
- Glenn v. SavageOregon Supreme Court · 1887
- Bickford v. . MenierNew York Court of Appeals · 1887
- Herbert v. DufurOregon Supreme Court · 1893
10 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Rickard v. EllisOregon Supreme Court · 1962
- Dispatch Printing Co. v. National Bank of CommerceSupreme Court of Minnesota · 1910
- Neppach v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Schreyer v. Turner Flouring Co.Oregon Supreme Court · 1896
- Harrisburg Lumber Co. v. WashburnOregon Supreme Court · 1896
26 more not listed; retrieve them via the Exa API.