Fayles v. National Insurance
Supreme Court of Missouri
Appeal from Clinton Circuit Court cited First National Bank of Kansas City v. Hogan, 47 Mo. 474. I. The evidence offered by plaintiff and objected to by defendant was properly admitted. The action of defendant, in recognizing the validity of the acts of its agent to bind it, is the very best evidence .of the agent’s authority and of its extent. (6 Wall. 785 ; 5 Mo. 555 ; 7 Mo. 318 ; 2 Stark. Ev. 33.) II.
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Appeal from Clinton Circuit Court cited First National Bank of Kansas City v. Hogan, 47 Mo. 474. I. The evidence offered by plaintiff and objected to by defendant was properly admitted. The action of defendant, in recognizing the validity of the acts of its agent to bind it, is the very best evidence .of the agent’s authority and of its extent. (6 Wall. 785 ; 5 Mo. 555 ; 7 Mo. 318 ; 2 Stark. Ev. 33.) II. A recognition by the principal, of the agency in the particular instances, or in similar instances, is evidence of the authority of the agent. (7 Mo. 318 ; 2 Stark. Ev.)
1Opinion of the CourtWagner, Judge
The only point saved in the record and presented for our determination is the ruling of the court on the admissibility of the plaintiff’s evidence. The action was founded on a bill of exchange purporting to be drawn in the name of the defendant by its general agent, in favor of one Otterman, in payment of a loss which he had sustained by fire on a building which was insured by defendant. The bill was assigned and transferred to the plaintiff.
The answer denied the authority of the agent to draw the bill and make it binding on the company. For the purpose of showing authority, plaintiff gave…
2Cases cited2 opinions
- First National Bank v. HoganSupreme Court of Missouri · 1871
- Stothard v. AullSupreme Court of Missouri · 1842
3Cited by5 opinions
- Chenoweth v. Pacific Express Co.Missouri Court of Appeals · 1902
- Burdick v. Security Life Ass'nMissouri Court of Appeals · 1899
- Preston v. Missouri & Pennsylvania Lead Co.Supreme Court of Missouri · 1872
- Hill v. Philadelphia Life Ins.Court of Appeals for the Fourth Circuit · 1929
- Tyng v. Theological Seminary of the Protestant Episcopal Church in the Diocese of OhioThe Superior Court of New York City · 1880