Anderson v. Volmer
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. F. M.. Black, Judge. Notice to a person as an agent to bind one as principal must be to the agent in fact of the one for whom notice is intended, and it must be given while agency exists, and not, as was done in this case, Hayward v. National Insuranc Company, 52 Mo. 181; Golson v. Ebert, 52 Mo. 260; Haven v. Brown, 7 Greenleaf 421; Hubbard v. Elmer, 7 Wendell 446; Rev. Stat., sec. 3190. Agency must be proven, which was not done-in…
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Appeal from Jackson Circuit Court. — Hon. F. M.. Black, Judge. Notice to a person as an agent to bind one as principal must be to the agent in fact of the one for whom notice is intended, and it must be given while agency exists, and not, as was done in this case, Hayward v. National Insuranc Company, 52 Mo. 181; Golson v. Ebert, 52 Mo. 260; Haven v. Brown, 7 Greenleaf 421; Hubbard v. Elmer, 7 Wendell 446; Rev. Stat., sec. 3190. Agency must be proven, which was not done-in this case. The mere giving notice to a person does not prove such person an agent. McGowan v. Railroad Co., 61 Mo. 533.…
1Opinion of the Court
Philips, C.
This is an action to enforce a mechanic’s lien against the property of tbe defendant, Kate Volmer. Werner and Sbinnick were tbe contractors, and the plaintiff furnished material. Tbe petition is unobjectionable and tbe answer tenders tbe general issue. Tbe case was tried by tbe court sitting as a jury. Verdict and judgment for plaintiff, from which tbe defendant has appealed to this court.
I. Tbe first question presented by this record for determination is, as to tbe sufficiency of tbe notice given by plaintiff to defendant to effect tbe alleged lien. In •order to subject tbe…
2Cases cited9 opinions
- Hayward, Assignee v. National InsuranceSupreme Court of Missouri · 1873
- State v. GrateSupreme Court of Missouri · 1878
- McDermott v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Hissrick v. McPhersonSupreme Court of Missouri · 1855
- Penn's Administrator v. WatsonSupreme Court of Missouri · 1854
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3Cited by17 opinions
- Smoot v. JuddSupreme Court of Missouri · 1904
- Carp v. Queen InsuranceSupreme Court of Missouri · 1907
- Waverly Timber & Iron Co. v. St. Louis Cooperage Co.Supreme Court of Missouri · 1892
- Smith v. BoydSupreme Court of Missouri · 1901
- Davis v. ShaferU.S. Circuit Court for the District of Western Missouri · 1892
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