Nichols, Shepard & Co. v. Kern
Missouri Court of Appeals
Appeal from Livingston Circuit Court. — Hon. James M. Davis, Judge. Tlie case is stated in the opinion. (1) The written agreement between defendant Blackhurst and Jacobs was no defence to the action of plaintiff and should not have been admitted in evidence, because Jacobs had no authority to make it.
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Appeal from Livingston Circuit Court. — Hon. James M. Davis, Judge. Tlie case is stated in the opinion. (1) The written agreement between defendant Blackhurst and Jacobs was no defence to the action of plaintiff and should not have been admitted in evidence, because Jacobs had no authority to make it. Benny v. Rhodes, 18 Mo. 149 ; Palmer v. Hatch, 48 Mo. 585 ; Wheeler v. Givan, 65 Mo. 89. (2) His authority is shown and limited by the contract read in evidence by defendant, between Jacobs and Nichols, Shepard & Co. Slate v. Bank, 45 Mo. 528; Bank v. Schaumberg, 38 Mo. 228 ; Schell v. Stephens,…
1Opinion of the CourtHall, J.
— The plaintiff, as a corporation under the laws of the state of Michigan, instituted this suit against the defendants on two promissory notes, executed by them and payable to the plaintiff’s order. The two Kerns made no defence and judgment was rendered against them-.
The petition was in two counts. To both counts the defendant Blackhurst made the same answer which is as follows:
“ The defendant Wm. Blackhurst for his answer to the petition herein admits the execution of the note therein described, but he further states that as an inducement for the execution of tlie< same, on his part, the…
2Cases cited4 opinions
- Briggs v. MunchonSupreme Court of Missouri · 1874
- Higgins v. DellingerSupreme Court of Missouri · 1856
- Bank of Odessa v. JenningsMissouri Court of Appeals · 1885
- Chouteau v. PaulSupreme Court of Missouri · 1833
3Cited by7 opinions
- Ingwerson v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
- First National Bank v. Badger Lumber Co.Missouri Court of Appeals · 1893
- Shinn v. Guyton & Harrington Mule Co.Missouri Court of Appeals · 1904
- Antrim Lumber Co. v. Oklahoma State BankSupreme Court of Oklahoma · 1916
- Gordon v. AndrewsMissouri Court of Appeals · 1927
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