Wade v. William Barr Dry Goods Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. J. Eugo Grimm, Judge. (1) To constitute a breach of the agent’s duty of fidelity and loyalty to his principal, it is not necessary to prove that the principal suffered actual injury or loss. In requiring such proof the court erred. Euneau v. Rieger, 105 Mo. '659; Missouri Class Co. v. Patterson, 72 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. J. Eugo Grimm, Judge. (1) To constitute a breach of the agent’s duty of fidelity and loyalty to his principal, it is not necessary to prove that the principal suffered actual injury or loss. In requiring such proof the court erred. Euneau v. Rieger, 105 Mo. '659; Missouri Class Co. v. Patterson, 72 Mo. App. 492; Robertson v. Chapman, 152 U. S. 67B. (2) To constitute a breach of the agent’s duty of fidelity and loyalty, it is not necessary to prove that the agent was in fact improperly influenced by personal interest to disregard the interests…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — Defendant assigns as error the action of the trial court in giving the instruction which we have set forth. Under that instruction, the act of the plaintiff in receiving presents from Hamburger & Co. without the knowledge of his employer could not be treated by the jury as a just ground for discharge unless the jury also found, in effect, that the gifts actually influenced the mind of the plaintiff so as to induce him to act dishonestly towards his employer, and actually caused his employer to pay excessive prices for goods purchased by plaintiff for it. We do not…
2Cited by5 opinions
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- O'Connor v. St. Louis American League Baseball Co.Missouri Court of Appeals · 1916
- M. F. A. Milling Co. v. Unemployment Compensation CommissionSupreme Court of Missouri · 1943
- Wade v. William Barr Dry Goods Co.Missouri Court of Appeals · 1915