Mitchum v. Dunlap
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. J. P. Strother, Judge. (1) The court erred in admitting the alleged statements of Short to the defendant, as there was no proof that Short was the agent of plaintiff. Alexander v. Rollins, 14 Mo. App. 109; s. c., 84 Mo. 657; Pede v. Ritchey, 66 Mo. 114; Bummer v. Banders, 51 Mo. 89. (2) For the same reasons the court erred in refusing the first and second instructions asked by plaintiff.
Read the full summary
Appeal from Pettis Circuit Court. — Hon. J. P. Strother, Judge. (1) The court erred in admitting the alleged statements of Short to the defendant, as there was no proof that Short was the agent of plaintiff. Alexander v. Rollins, 14 Mo. App. 109; s. c., 84 Mo. 657; Pede v. Ritchey, 66 Mo. 114; Bummer v. Banders, 51 Mo. 89. (2) For the same reasons the court erred in refusing the first and second instructions asked by plaintiff. (3) The court erred in giving the defendant’s instructions because there was no evidence on which to found them. There was no evidence of the creation of an agency in…
1Opinion of the CourtBlack, J.
— This was a suit on a promissory note for $2,070 made by the defendant and payable to the plaintiff dated January 5, 1875, and due the first of January, 1876. Defendent executed another note of the same date, amount and due at the same time, payable to U. P. Short. To secure these two notes he executed a deed of trust of even date upon two tracts of land, one containing thirty-seven acres and the other one hundred and sixty acres.
The defense is that in the month of January, 1876, and after the notes had matured and the thirty-seven acres had been advertised for sale under the deed of trust,…
2Cases cited5 opinions
- Peck v. RitcheySupreme Court of Missouri · 1877
- Brooks v. JamesonSupreme Court of Missouri · 1874
- Franklin v. Globe Mutual Life Ins.Supreme Court of Missouri · 1873
- Hull v. JonesSupreme Court of Missouri · 1879
- Sumner v. SaundersSupreme Court of Missouri · 1872
3Cited by12 opinions
- Taylor v. . Commercial BankNew York Court of Appeals · 1903
- West v. . Grocery Co.Supreme Court of North Carolina · 1905
- Waverly Timber & Iron Co. v. St. Louis Cooperage Co.Supreme Court of Missouri · 1892
- Mosby v. McKee, Zook & Whiteford Commission Co.Missouri Court of Appeals · 1902
- McLachlin v. BarkerMissouri Court of Appeals · 1896
7 more not listed; retrieve them via the Exa API.