Franklin v. Globe Mutual Life Ins.
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The evidence showed no authority on the part of the corporation under its charter to make such a contract. The authority of an agent to act for a corporation need not be proved by record or writing, but may be presumed from his acts and the general course of business. (Warner vs, Ocean Ins. Co., 4 Shep. [Maine,] 439.)
1Opinion of the Court
"V"oríes, Judge,
delivered the opinion of the court.
This action was brought to recover damages for an alleged breach of contract on the part of defendant, which had before been entered into between the plaintiff and defendant.
It is charged in the petition that plaintiff is a physician and surgeon, and as such was employed by defendant as its medical examiner at St. Louis, except at such times as plaintiff might be absent from the city or unable to attend to such services that plaintiff was at all times to hold himself in readiness to perform such services, except when absent, &c.; that in…
2Cases cited2 opinions
- Brooklyn Gravel Road Co. v. SlaughterIndiana Supreme Court · 1870
- Chicago & North-Western Railway Co. v. JamesWisconsin Supreme Court · 1867
3Cited by10 opinions
- Higgins v. ArmstrongSupreme Court of Colorado · 1885
- Union Gold Mining Co. v. Rocky Mountain National BankSupreme Court of Colorado · 1875
- Cummings v. HurdMissouri Court of Appeals · 1892
- Brooks v. JamesonSupreme Court of Missouri · 1874
- Sharp v. KnoxMissouri Court of Appeals · 1892
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