Legal Opinion

Famous Shoe & Clothing Co. v. Eagle Iron Works

Missouri Court of Appeals

Decided November 9, 1892PublishedCited by 2 opinions

Appeal from the St. Eonis City Ci/rcuit Cou/rt. — Hon. Daniel Dillon, Judge. The agreed statement of facts and the orders in question show that Beyer, the defendant’s secretary, had no authority from his company, either express or implied, to sign the said orders. Thai! Beyer had such authority must be established by proof, as a condition precedent to recovery by the plaintiff. Bank v. Hogan, 47 Mo. 472; Fayles v. Ins.

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Appeal from the St. Eonis City Ci/rcuit Cou/rt. — Hon. Daniel Dillon, Judge. The agreed statement of facts and the orders in question show that Beyer, the defendant’s secretary, had no authority from his company, either express or implied, to sign the said orders. Thai! Beyer had such authority must be established by proof, as a condition precedent to recovery by the plaintiff. Bank v. Hogan, 47 Mo. 472; Fayles v. Ins. Go., 49 Mo. 380. Since the ■defendant corporation was not expressly authorized by its charter to buy the articles named in the orders in question, “sundries,” “one pair lady’s…

1Opinion of the CourtThompson, J.

This was an action commenced "before a justice of the peace on the following merchant’s account:

St. Louis, Mo., September 1, 1891.

Eagle Iron Works, 607^N. Levee. Bought of Famous Shoe & Clothing Company.

1891..Aug. 1 1 brace..............Weber...... 50

1 umbrella............Weber... . 2 00

1 hat................Weber...... 48

1 suit.................P. J. Huber. 15 00

1 coat.................Weber....... 4 50

1 pairpants...........Weber...... 2 95

Aug. 8 Bal. on suit...........H. Bidgway. .15 00

14 1 pr. shoes,..........Baaf....... 1 50

18 1 pr. slippers.........Baaf........ 1 50

$ 43 43

'Sept. 23 By cash…

2Cases cited6 opinions

  1. Coffin v. . ReynoldsNew York Court of Appeals · 1868
  2. Read v. BuffumCalifornia Supreme Court · 1889
  3. Evans v. LeeNevada Supreme Court · 1876
  4. North Star Boot & Shoe Co. v. StebbinsSouth Dakota Supreme Court · 1891
  5. Gregory v. LambNebraska Supreme Court · 1884

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Stanley v. Sedalia Transit Co.Missouri Court of Appeals · 1909
  2. Simmons Hardware Co. v. Assigned Estate of Greely-Burnham Grocer Co.Missouri Court of Appeals · 1895

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