Peninsular Stove Co. v. Adams Hardware & Furniture Co.
Missouri Court of Appeals
Appeal from Barton Circuit Court. — Hon. H. 0. Timmonds, Judge. (1) Evidence of the statements, admissions and declarations of a party regarding his own agency, or authority, made out of the presence of the person for whom he assumes to act, is incompetent for the purpose of showing agency, or the scope of an agent’s authority: Murphey v. Ins. Co., 83 Mo.
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Appeal from Barton Circuit Court. — Hon. H. 0. Timmonds, Judge. (1) Evidence of the statements, admissions and declarations of a party regarding his own agency, or authority, made out of the presence of the person for whom he assumes to act, is incompetent for the purpose of showing agency, or the scope of an agent’s authority: Murphey v. Ins. Co., 83 Mo. App. 481; Bank v. Morris, 125 Mo. 343; Bank v. Leyser, 116 Mo. 51; Mitchum v. Dunlap, 98 Mo. 418; St. Joe Iron Co. v. Halverson & Co., 48 Mo. App. 383; Mechem on Agency, sec. 100. (1) Appellant held out J. H. LaRue as their agent, and he was…
1Opinion of the CourtKroaddhs, J.
— The plaintiff is a corporation with its chief office or place of business in Detroit, Michigan. The defendants are co-partners doing business at Lamar, Missouri.
The plaintiff’s cause of action in substance is that on February 10, 1896, the defendants, in order to procure credit for the Warn Hardware Company, a firm doing business at Ft. Scott, Kansas, executed and delivered to the plaintiff their written obligation by which they agreed to guarantee payment by the said Warn Hardware Company, for all goods which should be purchased by them from the plaintiff, and authorizing plaintiff to draw…
2Cases cited9 opinions
- Williams v. EdwardsSupreme Court of Missouri · 1887
- Peck v. RitcheySupreme Court of Missouri · 1877
- F. Mitchell & Bro. v. RailtonMissouri Court of Appeals · 1891
- Davis Sewing Machine Co. v. JonesSupreme Court of Missouri · 1875
- Summerville v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1876
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3Cited by3 opinions
- Dudley v. DumontMissouri Court of Appeals · 1975
- Linro Medicine Co. v. MoonMissouri Court of Appeals · 1915
- John Deere Plow Co. v. McCulloughMissouri Court of Appeals · 1903