Legal Opinion

Larson v. Fidelity Mutual Life Ass'n

Supreme Court of Minnesota

Decided January 6, 1898No. Nos. 10,876-(208)PublishedCited by 15 opinions

Action in the district court for Hennepin county to recover $10,000 for malicious prosecution and false imprisonment. The case was tried before Smith, J., and a jury which rendered a verdict in favor of plaintiff for $300, upon which judgment was entered. From this judgment defendant association appealed.

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Action in the district court for Hennepin county to recover $10,000 for malicious prosecution and false imprisonment. The case was tried before Smith, J., and a jury which rendered a verdict in favor of plaintiff for $300, upon which judgment was entered. From this judgment defendant association appealed. The implied authority conferred upon an agent is necessarily restricted to the transactions pertaining to the business of the principal in which the agent engages and, if he exceeds that authority, the principal is not bound. Beebe v. Equitable, 76 Iowa, 129; Stewart v. Woodward,'50 Vt. 78.…

1Opinion of the CourtMitchell, J.

This was an action for malicious prosecution and false imprisonment against "the defendant association and its co-defendant and agent, Crawford. The prosecution which resulted in plaintiff’s arrest and imprisonment was instituted by the complaint of Crawford charging the plaintiff with the crime of embezzling $100, the money and property of the association. It is conceded that the plaintiff established a cause of action against Crawford, the only question raised by the appeal being whether, on the facts, the association was liable for the acts of its agent.

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2Cases cited1 opinion

  1. Smith v. MunchSupreme Court of Minnesota · 1896

3Cited by15 opinions

  1. Semrad v. Edina Realty, Inc.Supreme Court of Minnesota · 1992
  2. Markley v. SnowSupreme Court of Pennsylvania · 1904
  3. Friedell v. Blakely Printing Co.Supreme Court of Minnesota · 1925
  4. Oman v. United StatesCourt of Appeals for the Tenth Circuit · 1949
  5. Barrett v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1908

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