Wheeler & Wilson Manufacturing Co. v. Givan
Supreme Court of Missouri
Error to Gass Circuit Court. — Hon. F. P. Wright, Judge. 1. An agent to sell is not authorized to barter or dispose of his principal’s goods or property in any unusual manner. Benny v. Bhodes, 18 Mo. 147. 2. The board furnished to Moore, the agent, cannot be treated as a payment. He could receive nothing but money in payment, unless otherwise expressly directed, or that power might be deduced from the habits of the parties or the customs of the trade.
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Error to Gass Circuit Court. — Hon. F. P. Wright, Judge. 1. An agent to sell is not authorized to barter or dispose of his principal’s goods or property in any unusual manner. Benny v. Bhodes, 18 Mo. 147. 2. The board furnished to Moore, the agent, cannot be treated as a payment. He could receive nothing but money in payment, unless otherwise expressly directed, or that power might be deduced from the habits of the parties or the customs of the trade. Story on Agency, 6th Edition, sections 98, 181, 215, 413, 429, 430; Buchwalter v. Craig, 55 Mo. 71; Wharton on Agents, sec. 210. 3. No…
1Opinion of the CourtNorton, J.
This was a suit instituted before a justice of the peace in Cass county, on two promissory notes, one for the sum of $20.00, and the other for $25.00. There was a trial before the justice and judgment for the defendant, from which plaintiff appealed to the Circuit Court, where, upon a trial de novo, judgment was again rendered for defendant, from which plaintiff, after an ineffectual motion for a new trial, has appealed to this court. On the .trial it was agreed by the parties that the evidence would show that the notes sued on were executed in part payment for a Wheeler & Wilson sewing…
2Cases cited5 opinions
- Goodman v. SimondsSupreme Court of Missouri · 1853
- Benny v. RhodesSupreme Court of Missouri · 1853
- Greenwood v. BurnsSupreme Court of Missouri · 1872
- Buckwalter v. CraigSupreme Court of Missouri · 1874
- Tate v. EvansSupreme Court of Missouri · 1842
3Cited by17 opinions
- Fitzhugh v. Franco-Texas Land Co.Texas Supreme Court · 1891
- Barker v. Hazel-Fain Oil Co.Court of Appeals of Texas · 1920
- Globe Securities Co. v. Gardner Motor Co.Supreme Court of Missouri · 1935
- Kerlin v. National Accident Ass'nIndiana Court of Appeals · 1893
- Sherwood v. NealMissouri Court of Appeals · 1890
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