Sanborn v. First National Bank
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — No». Archelms M. Woodson, Judge. (1) Under all the testimony the court should have declared the law to be that there was no evidence that Hopper was the agent of defendant and the court should have directed a verdict for the defendant. (2) Even though Hopper was agent of defendant, yet from the whole case it is clear that he was acting to protect himself on account of his indorsement and not with the intention of serving his principal.
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Appeal from Buchanan Circuit Court. — No». Archelms M. Woodson, Judge. (1) Under all the testimony the court should have declared the law to be that there was no evidence that Hopper was the agent of defendant and the court should have directed a verdict for the defendant. (2) Even though Hopper was agent of defendant, yet from the whole case it is clear that he was acting to protect himself on account of his indorsement and not with the intention of serving his principal. The rule of law is that where the agent is in a position where his own interest is in conflict with that of his…
1Opinion of the CourtEllison, J.
— This is an action for the conversion of a lot of cattle. The judgment in the trial court was for the plaintiff. Both parties to the controversy claim the cattle through chattel mortgages executed by one Purcell; residing in the State of Kansas, each of the mortgages given for borrowed money . Plaintiff charges that defendant, through one Hopper, whom plaintiff contends was defendant’s agent, took cattle included in his mortgage and not included in defendant’s; and that if defendant did not authorize Hopper to take the cattle and sell them, it ratified his act in so doing by retaining the…
2Cases cited10 opinions
- Stephens v. . Board of EducationNew York Court of Appeals · 1879
- Hatch v. Fourth National BankNew York Court of Appeals · 1895
- Smith v. Des Moines National BankSupreme Court of Iowa · 1899
- Thacher v. PrayMassachusetts Supreme Judicial Court · 1873
- School District v. First National BankMassachusetts Supreme Judicial Court · 1869
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3Cited by1 opinion
- Arkansas Valley Bank v. KelleySupreme Court of Arkansas · 1928