Smith v. Farrell
Missouri Court of Appeals
Appeal from the JBuchanan Circuit Court. — Hon. A. M. Woodson, Judge. Assuming now that the knowledge of the agent is the knowledge of the principal, regardless of how or when that knowledge is acquired, it is the well settled law in this and other states that if, when the note sued on was sold by the C. D. Smith Drug Company to' plaintiff, Edward C. Smith acted as the agent of both parties to the transaction, as Mrs. Smith’s agent in purchasing the note, and as the agent of…
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Appeal from the JBuchanan Circuit Court. — Hon. A. M. Woodson, Judge. Assuming now that the knowledge of the agent is the knowledge of the principal, regardless of how or when that knowledge is acquired, it is the well settled law in this and other states that if, when the note sued on was sold by the C. D. Smith Drug Company to' plaintiff, Edward C. Smith acted as the agent of both parties to the transaction, as Mrs. Smith’s agent in purchasing the note, and as the agent of the C. D. Smith Drug Company in selling it, then his knowledge of any fact that would avoid the note as to any of the…
1Opinion of the CourtEllison, J.
Plaintiff is indorsee of the note sued on and defendant is the administrator of Edward Farrell, Sr., deceased. The latter had judgment in trial court and plaintiff appeals.
It appears that the C. D. Smith Drug Company was a mercantile corporation and that the deceased and his son were partners. That the drug company, through its president, C. D. Smith, sold a stock of drugs to Prentice, who obtained the firm name of “E. Farrell & Son” to be signed by the son to the note, as accommodation makers, without authority from deceased, in payment for the stock. That C. D. Smith knew this when he…
2Cases cited8 opinions
- Innerarity v. Merchants' National BankMassachusetts Supreme Judicial Court · 1885
- Hickman v. GreenSupreme Court of Missouri · 1894
- First National Bank v. Town of New MilfordSupreme Court of Connecticut · 1869
- Merchants' National Bank v. LovittSupreme Court of Missouri · 1893
- Adams Mining Co. v. SenterMichigan Supreme Court · 1872
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3Cited by11 opinions
- Morris v. Georgia Loan, Savings & Banking Co.Supreme Court of Georgia · 1899
- Mays v. First State Bank of KellerTexas Commission of Appeals · 1923
- Langley v. FordSupreme Court of Oklahoma · 1917
- Fuchs v. LeahySupreme Court of Missouri · 1928
- Bartlett v. McCallisterSupreme Court of Missouri · 1926
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