Legal Opinion

Boogher v. Maryland Life Insurance

Missouri Court of Appeals

Decided April 6, 1880PublishedCited by 11 opinions

Appeal from the St. Louis Circuit Court. A formal written appointment of an agent, which fixes no term, implies an employment for one year. — 1 Minor’s Inst. Com. Law, 189, and cases. “ One who ratifies an act done in his name, without previous authority, ratifies it as clone.”— Menkens v. Watson, 27 Mo. 163; Bummermlle v. H. Co., 62 Mo. 391; Ramozetti v. Bowring, 7 C. B. (n. s.) 851; Wag.

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Appeal from the St. Louis Circuit Court. A formal written appointment of an agent, which fixes no term, implies an employment for one year. — 1 Minor’s Inst. Com. Law, 189, and cases. “ One who ratifies an act done in his name, without previous authority, ratifies it as clone.”— Menkens v. Watson, 27 Mo. 163; Bummermlle v. H. Co., 62 Mo. 391; Ramozetti v. Bowring, 7 C. B. (n. s.) 851; Wag. Stats. 290, sect. 8; Norton v. Bull," 43 Mo. 113. A ratification, to be valid, must be made with a full knowledge of the transaction. — Norton v. Bull, 43 Mo. 116.

1Opinion of the CourtHayden, J.

This case has been here before, and the facts are stated-in the opinion then delivered. When the case was retried on new pleadings there was a demurrer to the plaintiff’s evidence, the essential point involved being that which was raised before: that there was no evidence tending to show that Matthews, the agent of the defendant who hired the plaintiff, had authority from the defendant to make time-contracts or to employ the plaintiff for one year. What was said in the previous opinion virtually disposes of the *534cause as mow presented. The defendant cannot be held to pay for services which…

2Cited by11 opinions

  1. Beebe v. the Columbia Axle Co.Missouri Court of Appeals · 1938
  2. Meyer v. Pulitzer Publishing Co.Missouri Court of Appeals · 1911
  3. Rose v. Eclipse Carbonating Co.Missouri Court of Appeals · 1894
  4. Bauer v. GoldmanSupreme Court of Colorado · 1909
  5. Cross v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1895

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