Martin v. Allen
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. John G. Parle, Judge. (1) Where money is paid to an agent for the benefit of a disclosed principle and such agent delivers the money to his principle, it cannot be recovered from the agent. The right of action is against the principle alone. 1 Aim. and Eng. Ency. .of Law, 1119; Winningham v. Pancher, 52 Mo.
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Appeal from Jackson Circuit Court. — Hon. John G. Parle, Judge. (1) Where money is paid to an agent for the benefit of a disclosed principle and such agent delivers the money to his principle, it cannot be recovered from the agent. The right of action is against the principle alone. 1 Aim. and Eng. Ency. .of Law, 1119; Winningham v. Pancher, 52 Mo. App. 462; Bogart v. Crosby, 80 Cal. 195; Zimttnele v. Plaster Board Com., 1 N. Y. App-. Div. 327; Grocery Co. v. Bank, 118 Ala. 408; Kurzowski v. Schneider, 179 Pa. St. 500; Huffman v. Newman, 55 Neb. 713; Matthews v. O’Shea, 45 Neb. 299; Embry v.…
1Opinion of the CourtJohnson, J.
Plaintiff, vendee in a written contract for the sale of real estate, brought this action against the vendor and her agent to recover the sum of five hundred ($500) dollars paid by him pursuant to the terms of the contract. He alleges in the petition, in effect, that the payment was made to the agent on the agreement that the amount thereof should be held by the latter during the period fixed in the contract for the examination by plaintiff of the abstract of title and the rectification by the vendor of any defects in the title disclosed by such examination; and that defects were found in the…
2Cases cited2 opinions
- Winningham v. FancherMissouri Court of Appeals · 1893
- Mead v. AltgeldAppellate Court of Illinois · 1889
3Cited by6 opinions
- Gust v. WilsonNorth Dakota Supreme Court · 1953
- Kalberg v. Gilpin CompanyMissouri Court of Appeals · 1955
- Massey v. ButtsMissouri Court of Appeals · 1920
- Coble v. DenisenMissouri Court of Appeals · 1910
- Perry v. Thorpe Bros.Supreme Court of Minnesota · 1963
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