Henry Ames Packing & Provision Co. v. Tucker
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. The question is one of intention. Who was intended to be made responsible — the principal or the agent? A question of fact, to be determined by the circumstances of the transaction. — Coleman v. Bank, 53 N. Y. 394 ; Hodgson v. Dexter, 1 Cranch. 363; Sheffield v. Watson, 3 Caines, 72; Gill v. Brown, 12 Johns. 385 ; Walker v. Swartout, 12 Johns. 444 ; Stehn v. Fasnacht, 20 La.
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Appeal from the St. Louis Circuit Court. The question is one of intention. Who was intended to be made responsible — the principal or the agent? A question of fact, to be determined by the circumstances of the transaction. — Coleman v. Bank, 53 N. Y. 394 ; Hodgson v. Dexter, 1 Cranch. 363; Sheffield v. Watson, 3 Caines, 72; Gill v. Brown, 12 Johns. 385 ; Walker v. Swartout, 12 Johns. 444 ; Stehn v. Fasnacht, 20 La. An. 84. The liability of the principal depends upon the acts done, and not merely upon the form in which it is executed. — Bank v. Bank, 5 Wheat. 337 ; Stave Co. v. Bank, 6 How.…
1Opinion of the CourtHayden, J.
This is a suit to recover a balance on an account arising, as plaintiff alleges, out of a transaction by which the plaintiff sold to one Finch, as agent for the defendant, certain mess-pork, and made advances upon the same to the defendant. The substance of the defence is that the defendant employed Finch, as agent, to buy pork for defendant, of plaintiff and another, and that plaintiff, knowing that Finch was agent of the defendant, elected to trust Finch ; that, a large quantity of defendant’s pork being stored with plain*97tiff, the latter agreed with Finch, then acting for defendant, to “…
2Cases cited3 opinions
- Coleman v. . First National Bank of ElmiraNew York Court of Appeals · 1873
- Hyde v. PaigeNew York Supreme Court · 1850
- Wilkins v. ReedSupreme Judicial Court of Maine · 1829
3Cited by8 opinions
- Atlas S. S. Co. v. Colombian Land Co.Court of Appeals for the Second Circuit · 1900
- Sessions v. BlockMissouri Court of Appeals · 1890
- Carman v. HarrahMissouri Court of Appeals · 1914
- Schepflin v. DessarMissouri Court of Appeals · 1886
- Smith v. Jefferson BankMissouri Court of Appeals · 1906
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