Osborn v. Wood
Missouri Court of Appeals
Appeal fiom Daviess Circuit Court. — Non. Joshua W. Alexander, Judge. (1) What was the apparent and actual scope of Ogden’s authority under the partnership? Appellant did not rely upon this presumption alone. The record conclusively show's that Ogden possessed this power by the very terms of the partnership agreement. Respondent’s testimony is clear and circumstantial on this point.
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Appeal fiom Daviess Circuit Court. — Non. Joshua W. Alexander, Judge. (1) What was the apparent and actual scope of Ogden’s authority under the partnership? Appellant did not rely upon this presumption alone. The record conclusively show's that Ogden possessed this power by the very terms of the partnership agreement. Respondent’s testimony is clear and circumstantial on this point. (2) Liability must be conceded, therefore, unless it can be inferred that the partnership terminated before this note was given, and that appellant had knowledge or notice of that fact. (3) Was notice of…
1Opinion of the CourtBroaddus, P. J.
This is a suit to recover judgment on a promissory note for seventy-five dollars, dated January 22, 1898, due in sixty days, bearing eight per cent interest, alleged to have been executed by J. C. Ogden, Cornelia Ogden and defendant Wesley Wood. Its execution by the Ogdens is admitted. It is also admitted that Wood did not in person sign the note, but that it was written by J. C. Ogden. Wood denies that Ogden had any authority to execute the note in his name. The issue was tried before a jury and a verdict was returned in favor of defendant, upon which judgment was rendered and plaintiff…
2Cases cited3 opinions
- Knaus v. GivensSupreme Court of Missouri · 1892
- Long v. StorySupreme Court of Missouri · 1847
- Richardson v. MoiesSupreme Court of Missouri · 1862
3Cited by4 opinions
- Sellman v. American National Insurance CompanyCourt of Appeals of Texas · 1955
- McCue v. SchweerMissouri Court of Appeals · 1927
- Louisiana Purchase Exposition Co. v. MuellerMissouri Court of Appeals · 1913
- Simmons Hardware Co. v. PeckMissouri Court of Appeals · 1914