Carson v. Cummings
Supreme Court of Missouri
Error to Jackson Circuit Court. — IIon. Sam’l L. Sawyer, J udge. 1. The instruction given by the court, of its own motion, is erroneous. It necessitates a 'finding of the fact that Cummings was at the time of his negotiations with plaintiffs the duly authorized agent of Mathews, Kingsbery & Co.; that tbey assented to the purchase by him at the time it was made, and that as the cattle were received by them they knew all the facts.
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Error to Jackson Circuit Court. — IIon. Sam’l L. Sawyer, J udge. 1. The instruction given by the court, of its own motion, is erroneous. It necessitates a 'finding of the fact that Cummings was at the time of his negotiations with plaintiffs the duly authorized agent of Mathews, Kingsbery & Co.; that tbey assented to the purchase by him at the time it was made, and that as the cattle were received by them they knew all the facts. Their liability may have been fixed by either of three facts — 1st, that Cummings was their agent; or, 2nd, by a ratification ex post facto of his acts; or, 3rd, by…
1Opinion of the CourtHenry, J.
Plaintiffs sued to recover $1,200, the price of sixty head of cattle alleged to have been purchased by ~W. J. Cummings, for his co defendants, A. B. Mathews, W. IT. Kingsbery, J. E. ITonsby and D. S. Alger. The petition alleged that Cummings was the agent of his co-defendants, who were co-partners doing business in Kansas City, and that in October, 1873, he was instructed by said firm to make a purchase of some cattle, and to promise their acceptance, or a joint note with Cummings, at ninety days, for the purchase money, and that Cummings purchased the cattle in question of plaintiff's,…
2Cases cited3 opinions
- Castle v. BullardSupreme Court of the United States · 1860
- Peck v. RitcheySupreme Court of Missouri · 1877
- Watson v. BigelowSupreme Court of Missouri · 1871
3Cited by17 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Bircher v. BoemlerSupreme Court of Missouri · 1907
- Sumner v. RogersSupreme Court of Missouri · 1886
- Henry County v. Citizens BankSupreme Court of Missouri · 1907
- City of Linneus v. DuskyMissouri Court of Appeals · 1885
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