J. I. Case Plow Works v. Pulsifer
Supreme Court of Kansas
Error from Cloud district court; William T. Dillon, judge. STATEMENT. This is an action of replevin, brought by the J. I. Case Plow Works to recover the possession of certain buggies, wagons and farm machinery.
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Error from Cloud district court; William T. Dillon, judge. STATEMENT. This is an action of replevin, brought by the J. I. Case Plow Works to recover the possession of certain buggies, wagons and farm machinery. The property had been shipped to John 0. Strain in two shipments, one under date of October 16, 1906, the other under date of November 28, 1906. The jury returned a verdict in favor of the plaintiff for the property shipped October 16, and in favor of the defendant for the property shipped November 28. The plaintiff alleges error and brings the case here. The plaintiff is a corporation…
1Opinion of the Court
The opinion of the court was delivered by
Benson, J.:
The declarations and admissions made by an agent of a corporation are competent against the corporation in two classes of cases :
First, when they relate to matters under the charge of such agent in respect to which he., is authorized in *179the usual course of business to give information. (Abbott’s Trial Ev., 2d ed., 54; McGenness v. Adriatic Mills, 116 Mass. 177.) As corporations can only act through their agents the declaration of an officer or agent whose duties authorize him thus to speak for the principal are treated as the statements of…
2Cases cited7 opinions
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- McGenness v. Adriatic MillsMassachusetts Supreme Judicial Court · 1874
- Atchison, Topeka & Santa Fe Railway Co. v. BurksSupreme Court of Kansas · 1908
- Atchison, Topeka & Santa Fe Railroad v. OsbornSupreme Court of Kansas · 1897
- O. V. Dodge & Co. v. LivingstonSupreme Court of Kansas · 1888
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3Cited by2 opinions
- DeBus v. Missouri State Life InsuranceSupreme Court of Kansas · 1924
- Interstate National Bank v. KosterSupreme Court of Kansas · 1930