Campbell v. Dent
Supreme Court of Missouri
jError to St. Louis Circuit Court. I. The cause was tried on the theory, that Barrow was the agent of Dent, by reason of a partnership which existed between them. The agency should have been éstablished before evidence of the acts of agency or partnership was received. (2 Starkie Ev., 40, §§ 41, 44; Brown vs. Bank Mo., 2 Mo., 191; Scarborough vs. Reynolds, 12 Ala., 252; M’Donnell vs. Bank of Montgomery; 20 Ala., 313.) II.
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jError to St. Louis Circuit Court. I. The cause was tried on the theory, that Barrow was the agent of Dent, by reason of a partnership which existed between them. The agency should have been éstablished before evidence of the acts of agency or partnership was received. (2 Starkie Ev., 40, §§ 41, 44; Brown vs. Bank Mo., 2 Mo., 191; Scarborough vs. Reynolds, 12 Ala., 252; M’Donnell vs. Bank of Montgomery; 20 Ala., 313.) II. No contract of agency or partnership as between Dent and Barrow themselves is proved. (Ereeman vs. Bloomfield, 43 Mo., 391.) III. There was no evidence adduced by plaintiffs…
1Opinion of the CourtVories, Judge
This action was brought in the St. Louis- Circuit Court by Bobert Campbell and others against John O. Dent to recover the price of certain goods charged to have been sold and delivered to defendant, a bill of particulars of which was filed' with the petition.
The petition charged, that the goods were sold to defendant (together with one John E. Barrow), and that they were delivered to and came into the possession and use of the defend*327ant, and that he has failed to‘pay, etc. The defendant by his answer denies every material allegation in the petition.
The plaintiffs recovered a judgment at the…
2Cases cited4 opinions
- Burckle v. EckartCourt for the Trial of Impeachments and Correction of Errors · 1845
- Scarborough v. ReynoldsSupreme Court of Alabama · 1847
- Wiggins v. GrahamSupreme Court of Missouri · 1872
- Foster v. WallaceSupreme Court of Missouri · 1830
3Cited by23 opinions
- Gill v. FerrisSupreme Court of Missouri · 1884
- Schneider & Davis v. SansomTexas Supreme Court · 1884
- A. Graf Distilling Co. v. WilsonMissouri Court of Appeals · 1913
- Bissell v. WardeSupreme Court of Missouri · 1895
- Georgia Casualty Co. v. HoageDistrict Court, District of Columbia · 1932
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