Byars v. Doores' Administrator
Supreme Court of Missouri
Error to Jackson Circuit Court. This was a demand exhibited for allowance in the county court against the estate of Walker Doores, founded upon the following note: “ One day after date, I promise to pay Edmund Byars four hundred and six dollars for Elias Fisher, French Doores and H. H. Southworth, being money advanced by said Byars in a suit for the above named. “ Walker Doores, Attorney for Elias Fisher, French Doores, and Hunter H. Southworth.”
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Error to Jackson Circuit Court. This was a demand exhibited for allowance in the county court against the estate of Walker Doores, founded upon the following note: “ One day after date, I promise to pay Edmund Byars four hundred and six dollars for Elias Fisher, French Doores and H. H. Southworth, being money advanced by said Byars in a suit for the above named. “ Walker Doores, Attorney for Elias Fisher, French Doores, and Hunter H. Southworth.” At the trial in the Circuit Court, this note was read in evidence, although objected to. The plaintiff then offered evidence tending to show that…
1Opinion of the CourtScott, Judge
1. It must be confessed that the question involved in this case has received different determinations by the courts in the United States. But the weight of authority is decidedly in favor of the view of the question entertained by the court below. On written contracts made by an agent without authority, if his name does not appear in the contract, and he contracts for his principal only, an action against him on such contract will not lie ; but an action on the case for his wrongful act, in assuming to contract for another without authority, is the only remedy. But if an agent, acting without…
2Cases cited1 opinion
- Ballou v. TalbotMassachusetts Supreme Judicial Court · 1820
3Cited by6 opinions
- Thilmany v. Iowa Paper Bag Co.Supreme Court of Iowa · 1899
- Simmonds v. LongSupreme Court of Kansas · 1909
- Lapsley v. McKinstrySupreme Court of Missouri · 1866
- Coffman v. HarrisonSupreme Court of Missouri · 1857
- Peetz Bros. Livery & Undertaking Co. v. VahlkampSupreme Court of Missouri · 1928
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