St. Louis, Iron Mountain & Southern Ry. Co. v. Cunningham Commission Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Third Division. G. W. Hendricks, Judge; The evidence is not sufficient to show authority in Fullenwider to bind appellant by agreements with reference to either of the cars involved in this case.
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Appeal from Pulaski Circuit Court; Third Division. G. W. Hendricks, Judge; The evidence is not sufficient to show authority in Fullenwider to bind appellant by agreements with reference to either of the cars involved in this case. Neither the fact of agency nor its extent or authority is established by declarations of the agent. 80 Ark. 298; 92 Ark. 315; 90 Ark. 104. Authority of the agent is never proven by the mere fact that the person claiming the power has exercised it; it must also be proved that the person to be charged as principal assented to such act. 105 Ark. 446; Id. Ill; 24 N. E.…
1Opinion of the CourtHart, J.
Appellee sued appellant to recover damages to two cars of chops shipped over the latter’s line of railroad from Little Rock, Ark., to Corpus Christi, Texas. The material facts are as follows:
Appellee, Cunningham Commission Company, is a domestic corporation, engaged in selling grain by wholesale at Little Rock, Ark. In November, 1911, appellee received an order to ship two ears of chops to Corpus Christi, Texas. The order was accepted and the two ears were delivered to appellant for shipment over its line of railroad. The cars were consigned to shipper’s order and drafts attached to the bills…
2Cases cited3 opinions
- Peoria & Pekin Union Railway Co v. United States Rolling Stock Co.Illinois Supreme Court · 1891
- Kansas City Southern Railway Co. v. Mixon-McClicntock Co.Supreme Court of Arkansas · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. Hudgins Produce Co.Supreme Court of Arkansas · 1915
3Cited by4 opinions
- Chicago, Rock Island & Pacific Railway Co. v. WalkerSupreme Court of Arkansas · 1921
- Railway Express Agency, Inc. v. S. L. Robinson & Co.Supreme Court of Arkansas · 1931
- Missouri Pacific Railroad Co. v. Wellborn WallsSupreme Court of Arkansas · 1926
- The Kansas City Southern Railway Company v. ShullSupreme Court of Arkansas · 1940