Shepard v. McNail
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. The court erred in holding as a matter of law the agency of the defendant McNail was an agency coupled with an interest, ■ and not revoked by the death of Watson, the principal. Burke v. Priest & Burke, 50 Mo. App. 810; Richardson v. Dreyfus, 64 Mo. App. 600; State ex rel. v. Walker, 88 Mo. 284; Biebers’s Adm. v. Boeckman, 70 Mo. App. 503; Morgan v. Gibson, 42 Mo. App. 242; Keyl v. Westerkaus, 42 Mo.
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Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. The court erred in holding as a matter of law the agency of the defendant McNail was an agency coupled with an interest, ■ and not revoked by the death of Watson, the principal. Burke v. Priest & Burke, 50 Mo. App. 810; Richardson v. Dreyfus, 64 Mo. App. 600; State ex rel. v. Walker, 88 Mo. 284; Biebers’s Adm. v. Boeckman, 70 Mo. App. 503; Morgan v. Gibson, 42 Mo. App. 242; Keyl v. Westerkaus, 42 Mo. App. 57; Lockhart v. Forsythe, 49 Mo. App. 659; Royal Remedy Co. y. Gregory Gro. Co., 90 Mb. App. 53; Green v. Cole, 103 Mo; 70;…
1Opinion of the CourtBland, P. J.
The action is to recover $161.50, alleged to have been collected by respondent- as appellant’s agent. The case is here on a full transcript. On January 21, 1906, respondent filed a motion to dismiss the appeal on the ground that there is nothing in the *419record showing, or tending to show, respondent owes appellant anything. Even if the motion assigned a proper ground for dismissing the appeal, which it does not, the ground assigned is contradicted by respondent’s own evidence. It appears from the record that A. L. Watson, a year or two before his death, had a store at Cooter, in Pemiscot…
2Cases cited6 opinions
- Green v. ColeSupreme Court of Missouri · 1890
- State ex rel. Walker v. WalkerSupreme Court of Missouri · 1885
- Hayden v. Grillo's AdministratorMissouri Court of Appeals · 1890
- Marziou v. PiocheCalifornia Supreme Court · 1857
- Burke v. PriestMissouri Court of Appeals · 1892
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3Cited by2 opinions
- Halloran-Judge Trust Co. v. HeathUtah Supreme Court · 1927
- Citizens State Bank v. E. A. Tessman & Co.Supreme Court of Minnesota · 1913