First National Bank v. Badger Lumber Co.
Missouri Court of Appeals
Appeal from the Grundy Circuit Cowrt. — Hon. Gr. D. Bung-ess, Judge. Under the proofs, it is clear that Hershe was defendant’s agent, and that his authority was plenary. The defendant, knowing the facts, received and retained the money.
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Appeal from the Grundy Circuit Cowrt. — Hon. Gr. D. Bung-ess, Judge. Under the proofs, it is clear that Hershe was defendant’s agent, and that his authority was plenary. The defendant, knowing the facts, received and retained the money. Even if the act of Hershe were unauthorized, yet there is no exception to the rule that “a principal by keeping the fruits of the unauthorized act of his agent, after knowledge of the fact, ratifies the act and makes it his own,” and judgment should have gone, and should in this court go, for the plaintiff. Davis v. Krum, 12 Mo. App. 279, 287, and cases…
1Opinion of the CourtSmith, P. J.
— The plaintiff is a national bank and the defendant a business corporation. The general business office of the latter is at Kansas City, though it has a lumber yard at Trenton which at the time-the transaction took place out of which this action arose was under the management of one Hershe whose duties it seems were to use his best endeavors to make sales of lumber furnished by defendant, make collections, pay the necessary expenses of the business there,, make daily reports of the business to the general office, make deposits of money collected in the local banks, and check out the same in…
2Cases cited6 opinions
- Carson v. CummingsSupreme Court of Missouri · 1879
- Watson v. BigelowSupreme Court of Missouri · 1871
- Davis v. KrumMissouri Court of Appeals · 1882
- Nichols, Shepard & Co. v. KernMissouri Court of Appeals · 1888
- Norton v. BullSupreme Court of Missouri · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Johnston v. Milwaukee & Wyoming Investment Co.Nebraska Supreme Court · 1896
- First National Bank v. Badger Lumber Co.Missouri Court of Appeals · 1895
- Stotts City Bank v. Miller Lumber Co.Missouri Court of Appeals · 1903
- Antrim Lumber Co. v. Oklahoma State BankSupreme Court of Oklahoma · 1916
- Farmers Bank & Trust Co. v. MillerSupreme Court of Colorado · 1926
2 more not listed; retrieve them via the Exa API.