Cross v. Atchison, Topeka & Santa Fe Railroad
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) There was an absolute want of actual authority in Mr. Lathrop to have made the contract upon which plaintiff seeks to recover. Boogher v. Ins. Co., 8 Mo. App. 534. (2) There is no evidence that Mr. Lathrop himself was anything more than a local agent.
Read the full summary
Transferred from Kansas City Court of Appeals. (1) There was an absolute want of actual authority in Mr. Lathrop to have made the contract upon which plaintiff seeks to recover. Boogher v. Ins. Co., 8 Mo. App. 534. (2) There is no evidence that Mr. Lathrop himself was anything more than a local agent. Dozier v. Freeman, 47 Miss. 660; Hwrley v. Watson, 36 N. E. Rep. 727; Hatch v. Taylor, 10 N. H. 543; Bank v. Kortright, 22 Wend. 361; Bryant v. Moore, 26 Me. 87. (3) Mr. Lathrop in appointing plaintiff was acting under an express power, and plaintiff must be regarded as dealing with that power…
1Opinion of the Court
Gantt, P. J,
— This is an action at law: fon $1,250 alleged to be due plaintiff from defendant for legal services rendered by plaintiff to defendant in Clinton county, Missouri, from January 1, 1889, to December 31, 1890, at the agreed sum of $600 per year. The answer about which hangs the principal contention is in these words:
“Now comes the defendant and for answer to the petition of the plaintiff herein, admits that it is a corporation as in said petition charged, and that it employed plaintiff to act as its local attorney in Clinton county, in the State of Missouri, but defendant denies…
2Cases cited1 opinion
- Butler v. MaplesSupreme Court of the United States · 1870
3Cited by9 opinions
- Orwig v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1933
- Case v. Hammond Packing Co.Missouri Court of Appeals · 1904
- Reynolds v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1905
- Coleman v. FletcherMissouri Court of Appeals · 1945
- Victor v. GrimmerMissouri Court of Appeals · 1906
4 more not listed; retrieve them via the Exa API.