Stewart v. Brinson-Waggoner Grain Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) The condition of the account between Bird and the Export Company was an irrelevant issue, Even though the Export Company was indebted to Bird (which is by no means conceded) this did not authorize him to appropriate credits or funds of his principal in liquidation of his account.
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Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) The condition of the account between Bird and the Export Company was an irrelevant issue, Even though the Export Company was indebted to Bird (which is by no means conceded) this did not authorize him to appropriate credits or funds of his principal in liquidation of his account. Benny v. Pegram, 18 Mo. 191. (2) Though an agent can testify as to the extent of his authority he must state the facts concerning the agency and not state a mere conclusion that he had the authority to do a particular act. Griswold v. Haas,…
1Opinion of the CourtReynolds, P. J.
This is an action by appellants, trustees of the Missouri Valley Grain & Export Company, hereafter referred to as the Export Company. The amended petition upon which the case was tried contains six counts, the first for $724.99, the second for $90.63, both of these alleged to have been balances due by defendant to the Export Company in September, 1904, upon a cash grain account and an option account of the company, carried upon the books of respondent, the accounts being closed by these balances being credited to an account at that time standing on the books of respondent company in the name…
2Cases cited4 opinions
- Kostuba v. MillerSupreme Court of Missouri · 1897
- Walther v. NullSupreme Court of Missouri · 1911
- Settle v. Farmers & Laborers Co-Operative InsuranceMissouri Court of Appeals · 1910
- T. J. Moss Tie Co. v. KreilichMissouri Court of Appeals · 1899
3Cited by2 opinions
- Backer v. Seaboard Fire & Marine InsuranceMissouri Court of Appeals · 1913
- Chandler v. Blanke Tea & Coffee Co.Missouri Court of Appeals · 1914