First National Bank v. Badger Lumber Co.
Missouri Court of Appeals
Appeal from the Grundy Circuit Court. — Hon. P. C. Stepp, Judge. (1) The law is well settled that a ratification of an act, previously unauthorized, must, in order to be binding upon the person, sought to be affected, by it, be made with a full knowledge of all the material facts, in connection with the transaction, and the receipt, even from an agent, of money paid him on a contract, does not bind the' principal to the contract, unless he knows on what account the money was…
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Appeal from the Grundy Circuit Court. — Hon. P. C. Stepp, Judge. (1) The law is well settled that a ratification of an act, previously unauthorized, must, in order to be binding upon the person, sought to be affected, by it, be made with a full knowledge of all the material facts, in connection with the transaction, and the receipt, even from an agent, of money paid him on a contract, does not bind the' principal to the contract, unless he knows on what account the money was received, and the terms of the contractThe burden of proving a ratification devolves upon the party asserting it. Penn.…
1Opinion of the CourtSmith, P. J.
In vain has been our search through the record of the case now before us to ascertain wherein, if at all, it is to be distinguished in its essential features from that reported in 54 Mo. App. 327.
When the case was here on the former appeal the judgment was reversed and the cause remanded to be proceeded with in accordance with the view of the law expressed in the majority opinion. Since then the case has been retried, and the court in its instructions *259to the jury adopted for its guide the law as declared in that opinion. By its instruction for plaintiff it plainly told the jury that, if…
2Cases cited6 opinions
- Busch v. WilcoxMichigan Supreme Court · 1890
- Hombs v. CorbinMissouri Court of Appeals · 1889
- Rogers v. Empkie Hardware Co.Nebraska Supreme Court · 1888
- Ripley v. CaseMichigan Supreme Court · 1891
- First National Bank v. Badger Lumber Co.Missouri Court of Appeals · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Stotts City Bank v. Miller Lumber Co.Missouri Court of Appeals · 1903
- Antrim Lumber Co. v. Oklahoma State BankSupreme Court of Oklahoma · 1916
- City of Bluefield v. JohnsonWest Virginia Supreme Court · 1910
- Sanborn v. First National BankMissouri Court of Appeals · 1905
- Stotts City Bank v. Miller Lumber Co.Missouri Court of Appeals · 1903