Case v. Hammond Packing Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Ho». J. D. Perkins, Judge. (1) A customer is liable for bis overdraft to a bank. 1 Morse on Banks and Banking, section 360, (4 Ed.); Adams v. Bank, 23 L. R. A. Ill; Zane on Banks, 276. (2) An agent to do acts of a class is a general agent. As in this case to sell, collect, pay debts and remit to principal. Cross v. Railroad, 71 Mo. App. 585; s. c., 141 Mo. 132; Mabray v. Shoe Co., 73 Mo.
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Appeal from Jasper Circuit Court. — Ho». J. D. Perkins, Judge. (1) A customer is liable for bis overdraft to a bank. 1 Morse on Banks and Banking, section 360, (4 Ed.); Adams v. Bank, 23 L. R. A. Ill; Zane on Banks, 276. (2) An agent to do acts of a class is a general agent. As in this case to sell, collect, pay debts and remit to principal. Cross v. Railroad, 71 Mo. App. 585; s. c., 141 Mo. 132; Mabray v. Shoe Co., 73 Mo. App. 1. (3) A principal is bound by all the acts and declarations of his agent within the apparent or real scope of the agent’s authority. Am. & Eng. Enc. Law (1 Ed.), 410.…
1Opinion of the CourtEllison, J.
This action is to recover what is termed an overdraft charged to have been made by defendant. The judgment was for defendant in the trial court.
Plaintiff is engaged in the banking business in Joplin. Defendant is a meat packing establishment át St. Joseph, Mo., and one King was its agent at Joplin to sell meat, collect accounts and remit proceeds to defendant at St. Joseph. We will assume, as contended by plaintiff, that the evidence shows that he opened an account with the plaintiff bank in the name of the defendant, “The Hammond Packing Company — W. A. King,” and that he made sales of meat…
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