Cameron Sun v. McAnaw
Missouri Court of Appeals
Appeal from the Clinton Circuit Court. — Hon. H. T. Herndon, Judge. (1) The statement sued on is insufficient. Hill v. St. Louis Co., 90 Mo. 103. (2) An agent in prosecuting the business of a known principal can not be held personally to a third party, except in two instances, i. e., first, a tort, and second, by express contract.
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Appeal from the Clinton Circuit Court. — Hon. H. T. Herndon, Judge. (1) The statement sued on is insufficient. Hill v. St. Louis Co., 90 Mo. 103. (2) An agent in prosecuting the business of a known principal can not be held personally to a third party, except in two instances, i. e., first, a tort, and second, by express contract. Whitney v. Wyman, 101 U. S. 392. (1) The statement of account sued on meets the requirements of the statutes, section 6138, concerning the bringing of suits in justices’ courts; also, its sufficiency is sustained by the uniform rulings of the appellate courts from…
1Opinion of the Court
Smith, P. J. —
This suit was commenced before a justice of the peace by filing of the following account:
Mr. John MeAnaw.
To B. Koss and J. C. Tracy (Cameron Sun) Dr.
Sept. 9, 1893. To printing brief in ease of T. J. Querbaeh vs.
P. D. Arnold, 79 pages at $1 per page........................$79.00
To interest at 6 per cent from maturity of claim................. 9.08
$88.08
There was a trial in the circuit court, where the cause was removed by appeal and where the plaintiff had judgment.' The defendant has appealed.
J“1™ment<:0suffi-: ciency of. The defendant assails the judgment on the ground that the…
2Cases cited1 opinion
- Glenn v. WearyMissouri Court of Appeals · 1896
3Cited by3 opinions
- Ingram v. LupoMissouri Court of Appeals · 1987
- Elder v. EastwoodSupreme Court of Colorado · 1923
- Mendenhall v. ShermanMissouri Court of Appeals · 1916