Penfield Investment Co. v. Bruce
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) The agreement between the National Separator Company and defendant, executed May 21, 1904, and all testimony relating thereto, should not have been admitted in evidence, (a) This agreement was signed simply by E. L. Wortham., vice-president, and there is no evidence that he was authorized by the National Separator Company to bind it by such an agreement, (b) There was no evidence that A. H. Penfield…
Read the full summary
Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) The agreement between the National Separator Company and defendant, executed May 21, 1904, and all testimony relating thereto, should not have been admitted in evidence, (a) This agreement was signed simply by E. L. Wortham., vice-president, and there is no evidence that he was authorized by the National Separator Company to bind it by such an agreement, (b) There was no evidence that A. H. Penfield acquired knowledge of this agreement while acting in his capacity as an officer of the Penfield Investment Company, and any…
1Opinion of the CourtBroad Dus, P. J.
This suit is to recover upon a promissory note in the sum of $750 executed by the defendant. The note is dated May 21, 1904, and was due in six months after date and was made payable to the order of the National Separator Company, a corporation doing business at St. Joseph, Missouri. Thereafter on the 3d day of June, 1904, the said separator company executed and delivered to one Rice McDonald its promissory note for the sum of $1,500 due in four months from date. At the same time said separator company transferred to said McDonald with, other notes, the said note in suit as collateral…
2Cases cited11 opinions
- Hamilton v. MarksSupreme Court of Missouri · 1876
- Hayward, Assignee v. National InsuranceSupreme Court of Missouri · 1873
- Benton v. German-American National BankSupreme Court of Missouri · 1894
- Keim v. VetteSupreme Court of Missouri · 1902
- Steam Stonecutter Co. v. MyersMissouri Court of Appeals · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gregmoore Orchard Co. v. GilmourMissouri Court of Appeals · 1911
- Jobes v. WilsonMissouri Court of Appeals · 1910
- Miller v. Peoples Saving BankMissouri Court of Appeals · 1916
- Bank of Bernie v. BladesMissouri Court of Appeals · 1923
- Kincaid v. EstesMissouri Court of Appeals · 1925