Rock Springs National Bank v. Luman
Wyoming Supreme Court
Error to District Court of Sweetwater County, Hon. Jesse Knight, Judge. The facts are sufficiently stated in the case as heretofore reported (5 Wyo., 159), and in the opinions which follow. After the previous decision (Dec. 28, 1891), a rehearing was granted. The case was again argued and submitted.
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Error to District Court of Sweetwater County, Hon. Jesse Knight, Judge. The facts are sufficiently stated in the case as heretofore reported (5 Wyo., 159), and in the opinions which follow. After the previous decision (Dec. 28, 1891), a rehearing was granted. The case was again argued and submitted. Statements of an agent are inadmissible to affect the principal, unless they are made in respect to a transaction in which the agent is authorized to appear for the principal, and the agent has no authority to bind his principal by statements made by him as to bygone transactions. (Merch. N. Bk.…
1DissentConaway, J.
1 can not concur in the view of the court in this case.
The facts are stated in the opinion of the court. Pfeiffer, in selling the mortgaged sheep and disposing of *143the proceeds, was acting for himself and not for the bank. His statements in reference to these transactions, made in conversation with defendant in error and with Hamlin were erroneously admitted, over objection, as evidence against the bank. These statements, as testified to by defendant in error, were to the effect that the bank had taken the money that Pfeiffer had sent it on deposit, and had taken and used it, and he had no way…
2Cases cited63 opinions
- Railroad Co. v. National BankSupreme Court of the United States · 1880
- Manufacturing Co. v. TrainerSupreme Court of the United States · 1880
- Union Stock Yards Bank v. GillespieSupreme Court of the United States · 1890
- Van Alen v. . American National BankNew York Court of Appeals · 1873
- Hamilton v. MarksSupreme Court of Missouri · 1876
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