Bank of Commerce v. Hoeber
Supreme Court of Missouri
Appeal from SI. Louis Coiort of Appeals. (1) The court below erred in assuming that the defendant was responsible for the unknown and unauthorized promise made by Dickson to Levy & Brother. Laurence t>. Clark, 36 N. Y. 128; Carroll v. Shields, 4 E. D. Smith, 466 ; Wyllie t>. Poller, 32 L. J. Oh. 782 Jones v. Smith, 12 L. J. Oh. 382 ; Nat. Ins.
Read the full summary
Appeal from SI. Louis Coiort of Appeals. (1) The court below erred in assuming that the defendant was responsible for the unknown and unauthorized promise made by Dickson to Levy & Brother. Laurence t>. Clark, 36 N. Y. 128; Carroll v. Shields, 4 E. D. Smith, 466 ; Wyllie t>. Poller, 32 L. J. Oh. 782 Jones v. Smith, 12 L. J. Oh. 382 ; Nat. Ins. Co. v. Minch, 53 N. Y. 144 ; Barnes v. Trenton, etc., 27 N. J. Eq_. 33. (2) The principal will not be affected by notice to the agent of any facts outside of the scope of his agency. Roach V. Kerr, 18 Kans. 529 ; Adams Express Co. v. Trego, 35 Md. 47;…
1Opinion
On re-hearing.
Rat, J.
We adhere to our former ruling in this case, but for the following reasons, that is to say : We affirm the action of the court of appeals, including that of the trial court, upon the distinct ground, as shown by the record in the cause, that the witness, Dickson, was the attorney and agent of defendant in procuring the signatures of said Levy & Brother, and the said plaintiff, as well as others, to the said composition agreement, which is as follows: “ We, the undersigned creditors of Grustave IToeber, of St. Louis, Missouri, do hereby agree and accept in full payment by…
2Cases cited5 opinions
- Harriman v. StoweSupreme Court of Missouri · 1874
- Chouteau v. AllenSupreme Court of Missouri · 1879
- Hayward, Assignee v. National InsuranceSupreme Court of Missouri · 1873
- Ford v. FrenchSupreme Court of Missouri · 1880
- Livermore v. BloodSupreme Court of Missouri · 1867