Stringer v. Geiser Manufacturing Co.
Missouri Court of Appeals
Appeal from "Webster County Circuit Court. — Rem. G. H. Sldnker, Judge. (1). Parol evidence is not admissible to show that a less sum is due tbe mortgagee than is recited in the mortgage. Patchin v. Pierce, 12 Wen. (N. T.) 61. (2) Whenever the consideration, of a written instrument, goes beyond mere recital and becomes contractual, thereby creating and attesting right, it cannot be varied, by parol testimony. Davis v. Gann, 63 Mo.
Read the full summary
Appeal from "Webster County Circuit Court. — Rem. G. H. Sldnker, Judge. (1). Parol evidence is not admissible to show that a less sum is due tbe mortgagee than is recited in the mortgage. Patchin v. Pierce, 12 Wen. (N. T.) 61. (2) Whenever the consideration, of a written instrument, goes beyond mere recital and becomes contractual, thereby creating and attesting right, it cannot be varied, by parol testimony. Davis v. Gann, 63 Mo. App. 429. (3) One dealing with an agent cannot assume that the agent is authorized to bind his principal by an act beyond the implied authority of the agent. And…
1Opinion of the CourtFarrington, J.
This was a suit for the conversion of certain machinery, resulting in a judgment for the plaintiff. The case was here on appeal last year (177 Mo. App. 234, 162 S. W. 645) and in the opinion written at that time may be found a full statement of the facts developed in the trial in the circuit court of Dent county. When the case was remanded to the Dent county circuit court a change of venue was allowed at the instance of the defendant. The case was sent to Webster county where another trial resulted in a judgment for $1000 in favor of the plaintiff, and defendant appealed. We refer to the…
2Cases cited5 opinions
- Koons v. St. Louis Car Co.Supreme Court of Missouri · 1907
- Harrison v. LakenanSupreme Court of Missouri · 1905
- Needles v. FordSupreme Court of Missouri · 1902
- Spaulding v. City of EdinaMissouri Court of Appeals · 1906
- Stringer v. Geiser Manufacturing Co.Missouri Court of Appeals · 1914