Sharp v. Knox
Missouri Court of Appeals
Appeal from the Nodaway Circuit Court. — Hon. 0. A. Anthony, Judge. (1) The vital question to be determined by "this court is, did Craig’s dealings with respondent, in the Knox business, constitute him Knox’s agent in so general and unlimited a degree as to bind Knox in whatever Craig saw fit to do, and to protect the borrower, ' respondent? We say not, and that the court erred in its finding in the affirmative and to that effect, under the evidence.
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Appeal from the Nodaway Circuit Court. — Hon. 0. A. Anthony, Judge. (1) The vital question to be determined by "this court is, did Craig’s dealings with respondent, in the Knox business, constitute him Knox’s agent in so general and unlimited a degree as to bind Knox in whatever Craig saw fit to do, and to protect the borrower, ' respondent? We say not, and that the court erred in its finding in the affirmative and to that effect, under the evidence. The authorities all go to establish the law to be that respondent must show, first, that Craig was our agent with sufficient general authority…
1Opinion of the CourtSmith, P. J.
This was a suit in equity, the object of which was to obtain a decree to cancel a certain deed of trust, and for the surrender of a certain promissory note secured by the former. The petition alleged that plaintiffs were husband and wife; that they were in possession of and owned the lands therein described, subject to the Knox deed of trust thereinafter mentioned ; that ' on the fifteenth day of February, 1888, they executed a note for $750 at nine-per-cent, interest, due three years.after date, and secured the sum by said deed of trust, with Knox as beneficiary and Gallatin Craig as…
2Cases cited14 opinions
- Smith v. . KiddNew York Court of Appeals · 1877
- Edwards v. ThomasSupreme Court of Missouri · 1877
- Crane v. . GruenewaldNew York Court of Appeals · 1890
- Brooks v. JamesonSupreme Court of Missouri · 1874
- Baker v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1886
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Cummings v. HurdMissouri Court of Appeals · 1892
- Bennett v. Royal Union Mut. Life Ins. Co.Missouri Court of Appeals · 1938
- Dawson v. WomblesMissouri Court of Appeals · 1905
- Haubelt Bros. v. Rea & Page Mill Co.Missouri Court of Appeals · 1899
- Hefferman v. BotelerMissouri Court of Appeals · 1901
12 more not listed; retrieve them via the Exa API.