Richardson v. Palmer
Missouri Court of Appeals
Appeal from the Pike Circuit Court. — How. E. M. Hughes, Judge. An agent of an administrator in the sale of property belonging to the estate cannot bind the administrator personally. It matters not what statements or representations were made by Harris, even as agent of defendants, as administrators they, defendants, are not liable. Blood v. French, 75 Mass. (9 Gray) 197. Wait’s Act. & Def. secs. 3 and 4, p. 478; Mechem on Agency, sec. 904, cites Blood n.
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Appeal from the Pike Circuit Court. — How. E. M. Hughes, Judge. An agent of an administrator in the sale of property belonging to the estate cannot bind the administrator personally. It matters not what statements or representations were made by Harris, even as agent of defendants, as administrators they, defendants, are not liable. Blood v. French, 75 Mass. (9 Gray) 197. Wait’s Act. & Def. secs. 3 and 4, p. 478; Mechem on Agency, sec. 904, cites Blood n. French, supra; The Monte Allegre, 9 Wheat, 646. The principal is not liable for the acts of the agent outside of the scope of his agency.…
1Opinion of the CourtBiggs, J.
On the twenty-second day of April, 1884, the defendants, as administrators of Launcelot Palmer, deceased, of Audrain county, Missouri, sold a lot of thoroughbred cattle belonging to the estate, at public auction, in the city of Chicago. The sale was made in pursuance of an order of the probate court of Audrain county, where administration was had on the estate of the deceased. At this sale plaintiff bought a certain bull, for which he paid eight hundred and five dollars. Out of this purchase has grown the present litigation. The plaintiff, in the first instance, brought suit against the…
2Cases cited9 opinions
- Harriman v. StoweSupreme Court of Missouri · 1874
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
- Bickford v. . MenierNew York Court of Appeals · 1887
- Wright v. SandersonMissouri Court of Appeals · 1886
- Fell v. Rich Hill Coal Mining Co.Missouri Court of Appeals · 1886
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3Cited by2 opinions
- Crawford v. Boston Store Mercantile Co.Missouri Court of Appeals · 1896
- Huttig Sash & Door Co. v. GitchellMissouri Court of Appeals · 1897