Warren v. Merchants Exchange
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The court below erred in refusing appellant’s declarations of law and in overruling its motion for a new trial and in arrest, and in its rendition of judgment against this appellant. The admitted facts of the case do not constitute actionable negligence as against defendant Whitmore.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The court below erred in refusing appellant’s declarations of law and in overruling its motion for a new trial and in arrest, and in its rendition of judgment against this appellant. The admitted facts of the case do not constitute actionable negligence as against defendant Whitmore. Even admitting the actionable negligence of Whitmore, the maxim of respondeat superior had no application, in that the merchants exchange upon no theory of law can be held to be the legal superior or principal of the call-board clerk, in…
1Opinion of the CourtThompson, J.
The plaintiffs, who are a partnership firm, bring this action jointly against the Merchants Exchange of St. Louis, which is a corporation, and Charles H. Whitmore, an employe of the corporation, to recover damages alleged to have been sustained by the plaintiffs in consequence of a mistake made by Whitmore, while acting as clerk of what is known as the call board of the said exchange. The petition *160alleges that the plaintiffs were members of the exchange and owners of chairs on the said call board, and that at an auction of wheat which took place at said call board they sold to another member…
2Cases cited11 opinions
- McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
- Exchange Nat. Bank of Pittsburgh v. Third Nat. Bank of NYSupreme Court of the United States · 1884
- Laubheim v. De Koninglyke Nederlandsche Stoomboot MaatschappyNew York Court of Appeals · 1887
- Murtaugh v. City of St. LouisSupreme Court of Missouri · 1869
- Ayrault v. . the Pacific BankNew York Court of Appeals · 1872
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3Cited by4 opinions
- Weller v. Chicago, Milwaukee & St. Paul RailroadSupreme Court of Missouri · 1901
- Eckhard v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Greer, Mills & Co. v. StollerU.S. Circuit Court for the District of Western Missouri · 1896
- New England Loan & Trust Co. v. BrownMissouri Court of Appeals · 1894