Hofflin v. Moss
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota. This was an action brought by L. H. Allen, for whom John E. Moss, assignee, was substituted as plaintiff, against Joseph R. Hoffiin and Albert D. Thompson, partners as Joseph K. Hofilin & Co., upon two contracts for procuring advertising for defendants. The circuit court sustained a demurrer to the defendants’ answer, and directed a verdict for the plaintiff. Defendants bring error. Reversed.
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In Error to the Circuit Court of the United States for the District of Minnesota. This was an action brought by L. H. Allen, for whom John E. Moss, assignee, was substituted as plaintiff, against Joseph R. Hoffiin and Albert D. Thompson, partners as Joseph K. Hofilin & Co., upon two contracts for procuring advertising for defendants. The circuit court sustained a demurrer to the defendants’ answer, and directed a verdict for the plaintiff. Defendants bring error. Reversed. The following is a copy of one of ihe two instruments on which this suit is founded: “Town, Minneapolis. “State, Minn.…
1Opinion of the CourtCaldwell, Circuit Judge
The instrument or contract sued on is, in legal effect, a power of attorney. It establishes between the parlies thereto the relation of principal and agent. Allen is described as “proprietor” of the “Buffalo Newspaper Advertising Agency” and it is by this title he is addressed by the defendants, and “authorized and employed to make contracts” for them. He avers in his complaint that he “has been doing business uiyler the style and description of 'Buffalo Newspaper Advertising Agency/” and the answer alleges that he agreed to act as agent for the defendants in the premises, and the demurrer…
2Cases cited4 opinions
- Bridger v. . GoldsmithNew York Court of Appeals · 1894
- Universal Fashion Co. v. SkinnerNew York Supreme Court · 1892
- Fordyce v. PeperUnited States Circuit Court · 1883
- Allen v. PierpontU.S. Circuit Court for the District of Connecticut · 1884
3Cited by17 opinions
- Vai v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1961
- Palladine v. Imperial Valley Farm Lands Assn.California Court of Appeal · 1924
- Sharkey v. Burlingame Co.Oregon Supreme Court · 1929
- Strand v. GriffithCourt of Appeals for the Eighth Circuit · 1899
- Fireman's Fund Insurance v. NorwoodCourt of Appeals for the Eighth Circuit · 1895
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