Ray County Savings Bank v. Hutton
Supreme Court of Missouri
Appeal' from Jackson Circuit Court. — Hon. Jas. E. Slover, Judge. (1) An agent of a principal is never liable to a third party except where the case reveals on the part of the agent facts and circumstances of actual, positive and intentional fraud and deceit. There is not a particle of evidence in this case to show actual fraud or deceit on the part of defendant Hutton. O’Neill v. Young, 58 Mo. App. 628; Thompson v. Irwin, 76 Mo.
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Appeal' from Jackson Circuit Court. — Hon. Jas. E. Slover, Judge. (1) An agent of a principal is never liable to a third party except where the case reveals on the part of the agent facts and circumstances of actual, positive and intentional fraud and deceit. There is not a particle of evidence in this case to show actual fraud or deceit on the part of defendant Hutton. O’Neill v. Young, 58 Mo. App. 628; Thompson v. Irwin, 76 Mo. App. 418; Buis v. Cook, 60 Mo. 391; Fusz v. Spaun-horst, 67 Mo. 256; Bank v. Hill, 148 Mo. 380; Dederick y. Bank, 100 Tenn. 457; Utley v. Hill, 155 Mo. 232. (2) It…
1Opinion of the CourtLamm, J.
Suit for fraud and deceit. Defendant was vice-president of a corporation known as “Straborn-Hutton-Evans Commission Company. ’ ’ It will be called the “Company.” Plaintiff will be called the “Bank.” The bank bought at a discount from the company a note known as the Huntley note, for which it paid $5,856.49. Failing to collect from the payors or tbe indorser (tbe company), tbe bank sues to recover that sum from defendant. A jury being waived, the court gave judgment for $6,882.07 — -filing the following memorandum: “While a decision for the plaintiff in tbis case must necessarily result in…
2Cases cited9 opinions
- Fusz v. SpaunhorstSupreme Court of Missouri · 1878
- Sullivan v. HolbrookSupreme Court of Missouri · 1908
- Black v. EpsteinSupreme Court of Missouri · 1909
- Union National Bank v. HillSupreme Court of Missouri · 1899
- City of St. Louis v. Laclede Gas Light Co.Supreme Court of Missouri · 1900
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3Cited by40 opinions
- Allen v. St. Louis Public Service CompanySupreme Court of Missouri · 1956
- Powers v. ShoreSupreme Court of Missouri · 1952
- Lowther v. HaysSupreme Court of Missouri · 1950
- King Smith v. Kansas City Life Insurance Co.Supreme Court of Missouri · 1942
- Wolfersberger v. MillerSupreme Court of Missouri · 1931
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