Streeter v. Poor
Supreme Court of Kansas
Error from Marshall County. A statement of the facts of the case may be found in the opinion of the court. The court erred in allowing declarations of Fields to go to the jury, unless defendant first established the agency. {Irvine 'v. BtccJcaloe, 12 8. & R., 35; 8encer-box v, McGrade, 6 Min., 484; 3 Oow. & Hill’s notes to Phil. Bv., 412; Craighead v. Welles, 21 Mo., 404; Caldwells.
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Error from Marshall County. A statement of the facts of the case may be found in the opinion of the court. The court erred in allowing declarations of Fields to go to the jury, unless defendant first established the agency. {Irvine 'v. BtccJcaloe, 12 8. & R., 35; 8encer-box v, McGrade, 6 Min., 484; 3 Oow. & Hill’s notes to Phil. Bv., 412; Craighead v. Welles, 21 Mo., 404; Caldwells. Gardner, 31 Mo., 131.) An agency to collect the note, did not tend to show an agency to guard timber. Taylor v. Robinson, 14 Cal., 396.
1Opinion of the Court
By the Court,
Safford, J.
The plaintiff in error brought suit in the district court of Marshall county, to foreclose a mortgage, executed to him by the two first named defendants. The petition was in the usual form.
Yelruvious C. Poor answered, and substantially admitted the facts of the petition, but claimed an off-set of two hundred and ten dollars, for taking care of the timber on a tract of land in said county, for plaintiff, under authority from one Fields, who represented himself to said defendant as the agent of plaintiff.
Plaintiff, in reply, denied the allegations of the defendant, as to…
2Cases cited2 opinions
- Craighead v. WellsSupreme Court of Missouri · 1855
- Sencerbox v. McGradeSupreme Court of Minnesota · 1861
3Cited by8 opinions
- Connell v. McLoughlinOregon Supreme Court · 1895
- Fisher v. Krutz & CampbellSupreme Court of Kansas · 1872
- Blewett v. ErricksonSupreme Court of Kansas · 1932
- French v. WadeSupreme Court of Kansas · 1886
- Jacob Leu & Sons v. Mayer, Sells & Co.Supreme Court of Kansas · 1893
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