Cotton v. Gorrell
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Hon. H. B, Shain, Judge. (1) Although a principal is bound by his agent’s acts when he has clothed his agent with apparent authority, he is not responsible for the acts of the agent in matters in which he has not clothed him with the appearance of authority, or for the appearances of authority which he himself did not cause. 31 Cyc., Principal and Agent, 1205 and 1206; Figueira v. Lerner, 65 N. Y. S. 293; Mitchem v. Dunlap, 98 Mo. 418. (2)…
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Appeal from Pettis Circuit Court. — Hon. H. B, Shain, Judge. (1) Although a principal is bound by his agent’s acts when he has clothed his agent with apparent authority, he is not responsible for the acts of the agent in matters in which he has not clothed him with the appearance of authority, or for the appearances of authority which he himself did not cause. 31 Cyc., Principal and Agent, 1205 and 1206; Figueira v. Lerner, 65 N. Y. S. 293; Mitchem v. Dunlap, 98 Mo. 418. (2) If a third party has knowledge of the restricted authority of an agent, in dealing with that agent he is bound thereby.…
1Opinion of the CourtJohnson, J.
Plaintiffs sued in replevin to recover certain cattle they alleged were wrongfully detained by defendant. Defendant admitted plaintiffs were the owners of the cattle but claimed a right to the possession of them under an agistor’s lien. The jury returned a verdict that defendant “has a special interest in the cattle in controversy in the total sum of $91.87.” Judgment was rendered for defendant accordingly and plaintiffs appealed.
Defendant, a farmer of Pettis county, received sixty-seven head of two and three-year-old cattle from plaintiffs, who were in the business of feeding and dealing in…
2Cases cited1 opinion
- Figueira v. LernerAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by2 opinions
- Crouch v. BrookshireMissouri Court of Appeals · 1959
- Tillotson v. DelfelderWyoming Supreme Court · 1929