F. Mitchell & Bro. v. Railton
Missouri Court of Appeals
Appeal from the Cole Circuit Court. — ITow. E. L. Edwards, Judge. (1) The court erred in excluding the guaranty writing. The fact that it was addressed to Story did not constitute a sufficient ground for its exclusion. /. .1 undisclosed principal can sue in his own name. Bank v. Jennings, 18 Mo.
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Appeal from the Cole Circuit Court. — ITow. E. L. Edwards, Judge. (1) The court erred in excluding the guaranty writing. The fact that it was addressed to Story did not constitute a sufficient ground for its exclusion. /. .1 undisclosed principal can sue in his own name. Bank v. Jennings, 18 Mo. App. 651, 658; Briggs v. Munchon, 56 Mo. 467, 473; Higgins v. Senior, 8 Mees. & Wells. 844 ; Wharton on Agency, secs. 403, 404, 409 ; El well’s Evans’ Agency, 396; Pomeroy on Remedies & Remedial Rights, secs.-i 141, 177; Ferris v. Thaw, 72 Mo. 446. (2) The guaranty instrument should not have been…
1Opinion of the CourtGill, J.
— The following written guaranty, executed by the defendant, serves as the basis of this action :
“Jefferson City, Missouri, July 15, 1887.
“ Jas. Story.
“ Dear Sir : — I will hold myself responsible for one-half the goods to the amount of $200 you may sell Mrs. E. L. Payne of this city. Truly yours,
“J. Railton.”
The evidence tends to prove, that on the faith of this guaranty the firm of Mitchell & Bro. (these plaintiffs) did sell to Mrs. E. L. Payne about the amount of goods mentioned, and that she did not pay therefor. Thereupon this suit was brought on a complaint before a justice of the…
Also in this document: Concurrence.
2Cases cited9 opinions
- Davis v. WellsSupreme Court of the United States · 1881
- Barns v. . BarrowNew York Court of Appeals · 1874
- Smith v. MontgomeryTexas Supreme Court · 1848
- Central Savings Bank v. ShineSupreme Court of Missouri · 1871
- House v. DuncanSupreme Court of Missouri · 1872
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- Deering Harvester Co. v. SulserMissouri Court of Appeals · 1899
- Bank v. GoldsteinMissouri Court of Appeals · 1901
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