Padley v. Catterlin
Missouri Court of Appeals
'Appeal from the-Bates Circuit Court. — Hon. James H. Lay, Judge. (1) The petition charges that the defendant was agent for the New England Loan and Trust Company, and represented himself so to be. That the papers were executed and delivered to him for that company. In this case the principal and not the agent is liable. Mechem on Agency, sec.' 567; Milstead v. Equitable Mortgage Co.,49Mo.
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'Appeal from the-Bates Circuit Court. — Hon. James H. Lay, Judge. (1) The petition charges that the defendant was agent for the New England Loan and Trust Company, and represented himself so to be. That the papers were executed and delivered to him for that company. In this case the principal and not the agent is liable. Mechem on Agency, sec.' 567; Milstead v. Equitable Mortgage Co.,49Mo. App. 191. (2) The petition alleges that Catterlin was agent for this company, and further charges that the $1,300 from the second deed of trust was turned overby the company to its agent, Oatterlin, and…
1Opinion of the CourtSmith, P. J.
This is an action to recover damages for the breach of a contract. Stripped of all superfluous and needless allegations, the petition will be found to allege about these facts:
First. That plaintiffs, husband and wife, in 1886 executed a bond to W. J. Neil, for $1,200, payable at the Third National Bank of the city of New York, five years after date, bearing eight per cent interest from date, and ten per cent after maturity, to secure which said bond the plaintiffs executed a mortgage on certain real estate of the value of $3,000, occupied by them as a homestead.
Second. That defendant was, at…
2Cases cited19 opinions
- Pomeroy v. BentonSupreme Court of Missouri · 1882
- Crane v. FrenchNew York Supreme Court · 1828
- Bogie v. NolanSupreme Court of Missouri · 1888
- Beebee v. RobertNew York Supreme Court · 1834
- Dunn v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1878
14 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ford v. Wabash Railway Co.Supreme Court of Missouri · 1927
- Young v. VannattaMissouri Court of Appeals · 1905
- Lachner Bros. v. Adams Express Co.Missouri Court of Appeals · 1897
- Welp v. BogyMissouri Court of Appeals · 1925
- Wyoming Central Irr. Co. v. LaPorteWyoming Supreme Court · 1920
7 more not listed; retrieve them via the Exa API.