Milwaukee & Wyoming Investment Co. v. Johnston
Nebraska Supreme Court
Error to the district court for Merrick county. Tried below before Marshall, J. Where authority is conferred by an express agreement the. extent thereof must be ascertained from the agreement or instrument itself, and cannot be enlarged, modified, or controlled by evidence of implied authority at variance with that which was given expressly.
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Error to the district court for Merrick county. Tried below before Marshall, J. Where authority is conferred by an express agreement the. extent thereof must be ascertained from the agreement or instrument itself, and cannot be enlarged, modified, or controlled by evidence of implied authority at variance with that which was given expressly. (Story, Agency, sec. 76; Schooner Reeside, 2 Sumner [U. S.], 567; Dickinson v. Gay, 7 Allen [Mass.], 29; 1 Greenleaf, Ev., sec. 292, 293; Meehem, Agency, sec. 274; Hopper v. Sage, 112 N. Y., 530.) Usage cannot enlarge or vary the authority or character of…
1Opinion of the CourtPost, J.
This was an action of replevin' commenced by the plaintiff in error, a corporation organized under the laws of the state of Wisconsin, to recover the possession of 250 head of cattle. The plaintiff is organized for the purpose of acquiring land in Wyoming and raising and selling cattle therefrom. Its capital stock is $500,000, and its business is managed by a board of directors. It owns and carries on a ranch with' a large number of cattle in Wyoming. By its by-laws, all deeds, contracts, and other instruments in writing to which the company may be a party, are required to be signed by its…
2Cases cited8 opinions
- Brown v. FosterMassachusetts Supreme Judicial Court · 1873
- Raisin v. ClarkCourt of Appeals of Maryland · 1874
- Bradley v. . WheelerNew York Court of Appeals · 1871
- Paine v. SmithSupreme Court of Minnesota · 1885
- Reynolds v. Continental InsuranceMichigan Supreme Court · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Johnston v. Milwaukee & Wyoming Investment Co.Nebraska Supreme Court · 1895
- Johnston v. Milwaukee & Wyoming Investment Co.Nebraska Supreme Court · 1896
- Union Stock Yards Co. v. WestcottNebraska Supreme Court · 1896
- O'Gara Coal Co. v. Chicago, Milwaukee & St. Paul Railway Co.Nebraska Supreme Court · 1926
- T. S. McShane Co. v. Great Lakes Pipe Line Co.Nebraska Supreme Court · 1953
4 more not listed; retrieve them via the Exa API.