Wright Investment Co. v. Fillingham
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon Jacob Klein, Judge. (1) The evidence as to declarations by the president of the appellant, made after the note had been purchased, was improperly admitted, and its admission was reversible error. The declaration was not made in connection with any business being transacted for the appellant.
Read the full summary
Appeal from the St. Louis City Circuit Court. — Hon Jacob Klein, Judge. (1) The evidence as to declarations by the president of the appellant, made after the note had been purchased, was improperly admitted, and its admission was reversible error. The declaration was not made in connection with any business being transacted for the appellant. The president was not the corporation, and his declarations after the purchase were no more binding upon the appellant than those of any other agent. Bank v. Elanagan, 129 Mo. 178; Chillicothe v. Raynard, 80 Mo. 185; Adams v. Railroad, 74 Mo. 553;…
1Opinion of the CourtBland, P. J.
— On September 6, 1898, Charles Rue and L. H. Lawrence presented to respondent (Charles Eillingham), who is a farmer in St. Louis county, Missouri, an elaborate schedule of hardware and cutlery, which they said Rue had for sale in the city of New York, and offered to trade or sell the goods to respondent for $3,000. Respondent was unacquainted with hardware values, and made no inquiry but traded for the goods on the representations of Rue and Lawrence as to their value. In. part payment he gave Rue and Lawrence $100 in cash, executed and delivered to Law*538rence a deed to a 258 acre farm lie…
2Cases cited10 opinions
- Hamilton v. MarksSupreme Court of Missouri · 1876
- Jennings v. ToddSupreme Court of Missouri · 1893
- Mayes v. RobinsonSupreme Court of Missouri · 1887
- McDermott v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Edwards v. ThomasSupreme Court of Missouri · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Reynolds v. W. T. Grant Co.West Virginia Supreme Court · 1936
- Gaines v. Berkshire Life InsuranceMissouri Court of Appeals · 1933
- Bank of Indian Territory v. First National BankMissouri Court of Appeals · 1904
- H. A. Johnson & Co. v. Springfield Ice & Refrigerating Co.Missouri Court of Appeals · 1910
- Stipel v. PiggottMissouri Court of Appeals · 1925