Hamlin v. Abell
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) The testimony was uncontradicted that the appellant sold these notes as the agent of the First National Bank of Fairmont, Nebraska, and that the respondents knew this at the time they purchased the notes. The jury, ’ therefore, should have been instructed to find for appellant. Ziegler v. Fallon, 28 Mo. App. 295; Hartsellv.
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Appeal from Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) The testimony was uncontradicted that the appellant sold these notes as the agent of the First National Bank of Fairmont, Nebraska, and that the respondents knew this at the time they purchased the notes. The jury, ’ therefore, should have been instructed to find for appellant. Ziegler v. Fallon, 28 Mo. App. 295; Hartsellv. Crumb, 90 Mo. 630; Klosterman v. Tobler, 58 Mo. 290; Mechem on Agency, secs. 555, 929; 1 Am. and Eng. Encyclopedia of Law, p. 401; Worthington v. Cowles, 112 Mass. 30; Fleet v. Martin, 7 L. R. Q. B. 126;…
1Opinion of the CourtGantt, P. J.
This is an action for damages growing out of alleged deceit and misrepresentations in the sale of three pieces of commercial paper. Plaintiffs were, during the transactions complained of, and now are, copartners in the general banking business, buying and selling notes and bills of exchange in the city of East Bloomfield, in the state of New York. They allege that prior to the twenty-eighth day of April, 1888, the defendant, Abell, who resides in Kansas City, Missouri, was the owner of, and held for sale, three promissory notes in words and figures following:
“$1,000. Fairmont, Neb., April 2,…
2Cases cited16 opinions
- Smith v. RichardsSupreme Court of the United States · 1839
- Converse v. BlumrichMichigan Supreme Court · 1866
- Cobb v. . KnappNew York Court of Appeals · 1877
- Rothschild v. . MackNew York Court of Appeals · 1889
- Marsh v. FalkerNew York Court of Appeals · 1869
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3Cited by37 opinions
- Stonemets v. HeadSupreme Court of Missouri · 1913
- Cawston v. SturgisOregon Supreme Court · 1896
- Davis v. Central Land Co.Supreme Court of Iowa · 1913
- Lange v. BakerMissouri Court of Appeals · 1964
- Gibbens v. BourlandCourt of Appeals of Texas · 1912
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