State ex rel. Smith, Heddings & Co. v. Flynn
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. . . (1) The trial court erred in adding to instruction number 4 prayed by appellants, the words “unless such statements were made in the presence of plaintiff’s agent, and were not denied or called in question by such agent.” A party dealing with an agent must find out the extent of the agent’s authority. Mechem on Agency, sec. 288; Chaffee v. Stubbs, 37 La. 656; Savings Fund Society v. Bank, 36 Pa.
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Appeal from the Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. . . (1) The trial court erred in adding to instruction number 4 prayed by appellants, the words “unless such statements were made in the presence of plaintiff’s agent, and were not denied or called in question by such agent.” A party dealing with an agent must find out the extent of the agent’s authority. Mechem on Agency, sec. 288; Chaffee v. Stubbs, 37 La. 656; Savings Fund Society v. Bank, 36 Pa. St. 498, 78 Am. Dec. 390. Wells by his silence could not do more than he was authorized to do by action or words. Hence the…
1Opinion of the CourtGill, J.
This case is here now on a second appeal by the same party. The nature of the controversy will be understood by consulting our former opinion, 56 Mo. App. 236.
After an examination of the several points presented in appellant’s brief, we find in none of them *377;any substantial reason for reversing, the judgment. Most of the matters objected to were settled at the former hearing.
As to the first complaint, that the court erroneously modified plaintiff’s fourth instruction by adding ■the words, “unless such statements were made in the presence of plaintiffs’ agent, and were not denied or ■called in…
2Cases cited4 opinions
- Claflin v. RosenbergSupreme Court of Missouri · 1868
- Angell v. HesterSupreme Court of Missouri · 1876
- Ball v. City of IndependenceMissouri Court of Appeals · 1890
- State ex rel. Smith v. FlynnMissouri Court of Appeals · 1894