Legal Opinion

Kitchen v. Cape Girardeau & State Line Railroad

Supreme Court of Missouri

Decided March 15, 1875PublishedCited by 13 opinions

Appeal from Mississippi Circuit Court. I. The answer converted this ease into an equitable proceeding, and it was error to give tbe case to a. jury. (Weil vs. Hume, 49 Mo., 158; Freeman vs. Wilkerson, 50 Mo. 554.) II. The burden was on tbe plaintiff to show tbe authority of tbe company to make the contract sued on. (Hesse vs. Mo. State Mut. Fire Ins.

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Appeal from Mississippi Circuit Court. I. The answer converted this ease into an equitable proceeding, and it was error to give tbe case to a. jury. (Weil vs. Hume, 49 Mo., 158; Freeman vs. Wilkerson, 50 Mo. 554.) II. The burden was on tbe plaintiff to show tbe authority of tbe company to make the contract sued on. (Hesse vs. Mo. State Mut. Fire Ins. Co., 21 Mo., 91; Hardesty vs. New-by, 28 Mo.., 567; Sone vs. Palmer, 28 Mo., 539 ; AngelCorp., 223, 234.) ' ' I. Where fraud is pleaded asa defense to an action at law for the recovery of money, and the answer does not show a state of facts…

1Opinion of the CourtLewis, Judge

The petition stated in substance, that defendant, by a resolution of its ,board of directors, adopted May 23, 1870, employed plaintiff as its general agent., with an extensive range of powers and duties for the management of its external affairs; that his salary was to be $10,000 per annum, and the engagement was to continue at least six months, or until a contract made on the same day by defendant with the Cairo and Fulton Railroad Company, should be rescinded; that plaintiff entered immediately upon the discharge of his duties, and thenceforth was at all times willing, and held himself in…

2Cases cited2 opinions

  1. Swayze and Wife v. BurkeSupreme Court of the United States · 1838
  2. Freeman v. WilkersonSupreme Court of Missouri · 1872

3Cited by13 opinions

  1. Grand Lodge v. ElsnerMissouri Court of Appeals · 1887
  2. Spangler v. ButterfieldSupreme Court of Colorado · 1882
  3. Withers v. Kansas City Suburban Belt RailroadSupreme Court of Missouri · 1910
  4. First National Bank v. North Missouri Coal & Mining Co.Supreme Court of Missouri · 1885
  5. Estes v. FrySupreme Court of Missouri · 1887

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