Mead v. Spalding
Supreme Court of Missouri
Error to St. Louis City Qirbuit Qourt. — Hon. A. M„. Thayer, Judge. (1) The title to the note described in the petition was vested in plaintiff by virtue of Bevised Statutes, 1879, section 3296, and this title was never surrendered to or vested in her husband. (2) There is no evidence that plaintiff, directly or by implication, ever authorized her husband to hypothecate, exchange, or sell the note. Mead’s statements to that effect were incompetent.
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Error to St. Louis City Qirbuit Qourt. — Hon. A. M„. Thayer, Judge. (1) The title to the note described in the petition was vested in plaintiff by virtue of Bevised Statutes, 1879, section 3296, and this title was never surrendered to or vested in her husband. (2) There is no evidence that plaintiff, directly or by implication, ever authorized her husband to hypothecate, exchange, or sell the note. Mead’s statements to that effect were incompetent. Golson v. Ebert, 52 Mo. 260; Wharton on Agents and Agency (Ed. 1876), sec. 163. Any agency that can be inferred from the evidence did not warrant…
1Opinion of the CourtBlack, J.
On the twenty-first of May, 1874, the-plaintiff, then Caroline S. Cranston, a widow lady, through A. W. Mead, loaned to Stubblefield, three-thousand dollars, for which she received the note of the lattfer for that amount, payable in two years to the order of Million, and by him endorsed in blank, the note being secured by a deed of trust on real estate. Mead had been her agent in loaning money before, and continued-*46to act in that capacity after the date of this loan. The note before mentioned was renewed twice, first on the twenty-fourth of May, 1876, for two years, and again on the…
2Cases cited3 opinions
- Easley v. ElliottSupreme Court of Missouri · 1869
- Altum v. ArnoldSupreme Court of Missouri · 1858
- Harbison v. School District No. 1Supreme Court of Missouri · 1886
3Cited by12 opinions
- Boyles v. RobertsSupreme Court of Missouri · 1909
- Russie v. BrazzellSupreme Court of Missouri · 1895
- Williams v. MonroeSupreme Court of Missouri · 1894
- Lesan Advertising Co. v. CastlemanMissouri Court of Appeals · 1912
- Flanagan v. LazerineMissouri Court of Appeals · 1913
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