Legal Opinion

Reinhart Grocery Co. v. Powell

Missouri Court of Appeals

Decided June 30, 1911PublishedCited by 3 opinions

Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. (1) Where a* note is accepted in extinguishment of an open account the action should be brought upon the note, and no action lies-upon the open account. Rawlins v. Rawlins, 102 Mo. 563; Curtis y. Browne, 63 Mo. App. 431; Mohney v. Reed, 40 Mo.

Read the full summary

Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. (1) Where a* note is accepted in extinguishment of an open account the action should be brought upon the note, and no action lies-upon the open account. Rawlins v. Rawlins, 102 Mo. 563; Curtis y. Browne, 63 Mo. App. 431; Mohney v. Reed, 40 Mo. App. 99; Steamboat v. Lnmm, 9 Mo. 64; Steamboat v. Kings-land, 9 Mo. 67; Steamboat v. Hammond, 9 Mo. 60; 1 Cyc., pp. 336, 337 (d). (2) Appellant’s declaration of law in the nature of a demurrer to evidence should have been given. The testimony of respondent’s agent is of no value and…

1Opinion of the CourtCaulfield, J.

(after stating the facts). — The declaration of law in the nature of a demurrer to the evidence was properly refused.

The evidence establishes that the attorney was authorized merely to collect the account and no arrangement on his part to receive a note in payment could bind his principal [Mechem on Agency, sec. 375], unless ratified by the latter with full knowledge of the facts. [Buckwalter v. Craig, 55 Mo. 71.] The burden of proving such ratification was on the defendant. [Cravens v. Grillilan, 63 Mo. 28.] In order to have properly given the declaration of law in the nature of a demurrer…

2Cases cited2 opinions

  1. Buckwalter v. CraigSupreme Court of Missouri · 1874
  2. Cravens v. GillilanSupreme Court of Missouri · 1876

3Cited by3 opinions

  1. Miller v. Peoples Saving BankMissouri Court of Appeals · 1916
  2. Reinhart Grocery Co. v. KnucklesMissouri Court of Appeals · 1913
  3. Petrus v. GoldenDistrict Court, Virgin Islands · 1938

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API