Jolly v. Huebler
Missouri Court of Appeals
Appeal from Callaway Circuit Court. — No». Alexander N. Waller, Judge. (1) This being an equity case, the appellate court will review the whole evidence for the purpose of determining the case on its merits. Nichols v. Nichols, 39 Mo. App. 291; Drosten v. Mueller, 103 Mo. 634; State ex rel v. Jarrott, 183 Mo. 204; Rumsey Mfg. Co. v. Kaime, 173 M'o. 551. (2) A general agent is one who is authorized, to do all acts connected with a particular trade, business or employment.
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Appeal from Callaway Circuit Court. — No». Alexander N. Waller, Judge. (1) This being an equity case, the appellate court will review the whole evidence for the purpose of determining the case on its merits. Nichols v. Nichols, 39 Mo. App. 291; Drosten v. Mueller, 103 Mo. 634; State ex rel v. Jarrott, 183 Mo. 204; Rumsey Mfg. Co. v. Kaime, 173 M'o. 551. (2) A general agent is one who is authorized, to do all acts connected with a particular trade, business or employment. T A. & E. Ency. Law (2 Ed.), p. 985, and authorities there cited. When an agency is shown to exist, the presumption would…
1Opinion of the CourtJohnson, J.
Action in equity to obtain the cancellation of a release of a deed of trust in the nature of a mortgage on the ground that the release was made *678and entered on the margin of the record without authority from plaintiff, the owner and holder of the instrument, and of the promissory note, the payment of which it secured. Personal'judgment for the amount of the debt against the makers of the note, and foreclosure of the lien of the deed of trust are included in the relief prayed for in the petition. Plaintiff prevailed in the trial court and the cause is here on the appeal, of defendants.
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2Cases cited6 opinions
- Whelan v. ReillySupreme Court of Missouri · 1876
- Quigley v. Mexico Southern BankSupreme Court of Missouri · 1883
- Sharp v. KnoxMissouri Court of Appeals · 1892
- Hair v. EdwardsMissouri Court of Appeals · 1904
- Reynolds v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Capitol Hill State Bank v. Rawlins National BankWyoming Supreme Court · 1916