Shelton v. Johnson
Supreme Court of Iowa
Appeal from Davis Circuit Court. Plaintiee commenced an action .before a justice of tbe peace, alleging in his petition that, during the year 1871, he was a practicing physician, and as such was called by Dr. fin. McK. Findley, another practicing physician who was at the time treating defendant and his family, who were sick, to assist him in treating defendant and family, as a consulting physician.
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Appeal from Davis Circuit Court. Plaintiee commenced an action .before a justice of tbe peace, alleging in his petition that, during the year 1871, he was a practicing physician, and as such was called by Dr. fin. McK. Findley, another practicing physician who was at the time treating defendant and his family, who were sick, to assist him in treating defendant and family, as a consulting physician. That plaintiff rendered services which were reasonably worth the sum of $42.50. That plaintiff was called by Findley with the knowledge and consent of defendant. That plaintiff rendered said…
1Opinion of the CourtDay, J.
Appellant-claims that Findley was a special agent of defendant, authorized simply to call plaintiff to a consultation for Findley’s benefit, and at his expense, and that plain*86tiff, in dealing with Findley, was bound to ascertain the scope and extent of the agency. Upon this principle appellant mainly relies for a reversal of the case. It seems to us, however, that the doctrines of agency are not applicable to the transaction, but that it is governed by other and distinct legal principles.
"Where a party, knowingly and without objection, permits another to render service for him of any kind…
2Cases cited1 opinion
- McCrary v. RuddickSupreme Court of Iowa · 1871
3Cited by12 opinions
- In Re Estate of WaltonSupreme Court of Iowa · 1931
- Kruse v. Seiffert & Weise Lumber Co.Supreme Court of Iowa · 1899
- Cate v. HutchinsonNebraska Supreme Court · 1899
- Hopkins v. ConvySupreme Court of Iowa · 1921
- Ennis v. HultzSupreme Court of Iowa · 1877
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